Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2017-18 Season, 41344-41355 [2017-18401]
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Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
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[FR Doc. 2017–18485 Filed 8–30–17; 8:45 am]
BILLING CODE 6712–01–P
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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:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF THE INTERIOR
Background
Fish and Wildlife Service
The Migratory Bird Treaty Act
(MBTA) of July 3, 1918 (16 U.S.C. 703
et seq.), authorizes and directs the
Secretary of the Department of the
Interior, having due regard for the zones
of temperature and for the distribution,
abundance, economic value, breeding
habits, and times and lines of flight of
migratory game birds, to determine
when, to what extent, and by what
means such birds or any part, nest, or
egg thereof may be taken, hunted,
captured, killed, possessed, sold,
purchased, shipped, carried, exported,
or transported.
In the August 22, 2017, Federal
Register (82 FR 39716), we proposed
special migratory bird hunting
regulations for the 2017–18 hunting
season for certain Indian tribes, under
the guidelines described in the June 4,
1985, Federal Register (50 FR 23467).
The guidelines respond to tribal
requests for Service recognition of their
reserved hunting rights, and for some
tribes, recognition of their authority to
regulate hunting by both tribal members
and nonmembers on their reservations.
The guidelines include possibilities for:
(1) On-reservation hunting by both
tribal members and nonmembers, with
hunting by nontribal members on some
reservations to take place within Federal
frameworks but on dates different from
those selected by the surrounding
State(s);
(2) On-reservation hunting by tribal
members only, outside of usual Federal
frameworks for season dates and length,
and for daily bag and possession limits;
and
(3) Off-reservation hunting by tribal
members on ceded lands, outside of
usual framework dates and season
length, with some added flexibility in
daily bag and possession limits.
In all cases, the regulations
established under the guidelines must
be consistent with the March 10–
September 1 closed season mandated by
the 1916 Migratory Bird Treaty with
Canada.
Because some tribal seasons begin
September 1, before the September 21,
2017, closing date of the comment
period and finalization of the August 22,
50 CFR Part 20
[Docket No. FWS–HQ–MB–2016–0051;
FF09M21200–178–FXMB1231099BPP0]
RIN 1018–BB40
Migratory Bird Hunting; Migratory Bird
Hunting Regulations on Certain
Federal Indian Reservations and
Ceded Lands for the 2017–18 Season
Fish and Wildlife Service,
Interior.
ACTION: Interim final rule.
AGENCY:
This rule prescribes special
migratory bird hunting regulations for
certain Tribes on Federal Indian
reservations, off-reservation trust lands,
and ceded lands. This rule allows the
establishment of season bag limits and,
thus, harvest at levels compatible with
populations and habitat conditions in
recognition of their authority to regulate
hunting under established guidelines.
The proposed rule for the 2017–18
season was delayed, requiring this
interim final rule to allow Tribes to
begin hunting in September. This
interim rule will be replaced when the
proposed rule is finalized.
DATES: This rule takes effect on
September 1, 2017. Comments on this
rule must be received by September 21,
2017.
ADDRESSES: You may submit comments
on this interim rule and the related
proposed rule (see 82 FR 39716, August
22, 2017) 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
SUMMARY:
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Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
2017, proposed rule (82 FR 39716), we
are publishing this interim final rule to
allow these tribes to conduct their
hunting seasons. In compliance with the
MBTA, this rule opens the seasons on
the dates set forth in the rule portion of
this document, thereby allowing
individuals to legally partake in hunting
on these lands. Without publication of
this rule, hunting of migratory birds on
certain Tribal ceded lands as requested
by the Tribes would be prohibited until
we can conclude the rulemaking process
initiated by the August 22, 2017,
proposed rule (82 FR 39716).
The provisions in this interim rule are
the same as those set forth in our
September 9, 2016, final rule (81 FR
62404) except that, in this interim rule,
the season opening and closing dates are
updated for the 2017–18 hunting
seasons. In one case where we received
a 2017–18 proposal from a Tribe
(Klamath) that was not included in the
2016 final rule, we have included that
proposal in these interim final rule
regulations using the Tribe’s approved
seasons from a previous season’s final
rule for 2014–15 (79 FR 57405–57406,
September 24, 2014). In other words,
although the dates are different, the date
ranges, bag limits, and other restrictions
are identical to the previous final rule.
We are using the provisions of the
September 9, 2016, final rule (81 FR
62404) as the provisions for this interim
final rule as the 2016 rule is the most
recent Tribal final rule and the public is
familiar with it, having already
commented on it with the exception of
the specific 2017–18 season dates. To
summarize the 2016 final rule process:
On May 27, 2016, we published
proposed special migratory bird hunting
regulations for the 2016–17 hunting
season for certain Indian Tribes (81 FR
34226). The comment period for the
May 27, 2016, proposed rule closed on
June 27, 2016. We addressed the nine
comments received in a final rule of
September 9, 2016 (81 FR 62404). That
final rule established regulatory
provisions that are codified in title 50 of
the Code of Federal Regulations at 50
CFR 20.110 and are the basis for this
interim final rule.
Moreover, in the August 22, 2017,
proposed rule (82 FR 39716), we
proposed changes to the regulations in
50 CFR 20.110 that would establish in
most cases substantially similar season
opening and closing dates that are set
forth in this interim rule. The proposed
regulatory revisions are the result of a
collaborative process between the
Service and the Tribes. Comments are
due on the proposed rule on September
21, 2017. Following our consideration of
the comments received, we will issue a
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final rule that will replace the regulatory
provisions in this interim rule. The
public is also welcome to comment on
this interim final rule during the
comment period for the proposed rule
that closes September 21.
With the changeover in
administrations, the proposed rule was
delayed, preventing issuance of a final
rule in time for all Tribes’ normal
hunting seasons. We do not intend to
use an interim final rule again for this
purpose as doing so prevents Tribes
from using provisions that they may
have proposed at the beginning of the
hunting season. We regret any confusion
that this delay in the normal rulemaking
process may cause. In future Tribal
rulemaking actions, we expect to have a
final rule in place before the start of the
Tribes’ hunting seasons.
The interim final rule described here
sets migratory bird hunting regulations
on certain Federal Indian reservations
and ceded lands for the 2017–18 season.
It sets hunting seasons, hours, areas, and
limits for migratory game bird species
on reservations and ceded territories.
When the August 22, 2017, proposed
rule (82 FR 39716) is finalized, that rule
will replace this interim final rule. The
new final rule may have extended dates,
different bag limits, and other
provisions compared to this interim
final rule.
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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Required Determinations
Executive Order 13771—Reducing
Regulation and Controlling Regulatory
Costs
This action is not subject to Executive
Order (E.O.) 13771 (82 FR 9339,
February 3, 2017) because it is issued
with respect to routine hunting and
fishing activities.
National Environmental Policy Act
(NEPA) Consideration
The programmatic document,
‘‘Second Final Supplemental
Environmental Impact Statement:
Issuance of Annual Regulations
Permitting the Sport Hunting of
Migratory Birds (EIS 20130139),’’ filed
with the Environmental Protection
Agency (EPA) on May 24, 2013,
addresses NEPA compliance by the
Service for issuance of the annual
framework regulations for hunting of
migratory game bird species. We
published a notice of availability in the
Federal Register on May 31, 2013 (78
FR 32686), and our Record of Decision
on July 26, 2013 (78 FR 45376). We also
address NEPA compliance for waterfowl
hunting frameworks through the annual
preparation of separate environmental
assessments, the most recent being
‘‘Duck Hunting Regulations for 2017–
18,’’ with its corresponding April 7,
2017, finding of no significant impact.
The programmatic document, as well as
the separate environmental assessments,
is available on our Web site at https://
www.fws.gov/birds/index.php or from
the address indicated under the caption
FOR FURTHER INFORMATION CONTACT.
Endangered Species Act Consideration
Section 7 of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531
et seq.), provides that, ‘‘The Secretary
shall review other programs
administered by him and utilize such
programs in furtherance of the purposes
of this Act’’ (and) shall ‘‘insure that any
action authorized, funded, or carried out
* * * is not likely to jeopardize the
continued existence of any endangered
species or threatened species or result in
the destruction or adverse modification
of [critical] habitat. * * *.’’
Consequently, we conducted formal
consultations to ensure that actions
resulting from the annual migratory
game bird hunting regulations, which
includes the tribal hunting process,
would not likely jeopardize the
continued existence of endangered or
threatened species or result in the
destruction or adverse modification of
their critical habitat. Findings from
these consultations are included in a
biological opinion, which concluded
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that the regulations are not likely to
jeopardize the continued existence of
any endangered or threatened species.
Our biological opinions resulting from
this section 7 consultation are public
documents available for public
inspection at the address indicated
under ADDRESSES.
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
E.O. 12866 provides that the Office of
Information and Regulatory Affairs
(OIRA) will review all significant rules.
OIRA has determined that the annual
migratory bird hunting regulations, of
which this rule is one part, are
significant because these regulations
have an annual effect of $100 million or
more on the economy.
E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for
improvements in the nation’s regulatory
system to promote predictability, to
reduce uncertainty, and to use the best,
most innovative, and least burdensome
tools for achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We will develop our
final rule in a manner consistent with
these requirements.
An economic analysis was prepared
for the 2013–14 season. This analysis
was based on data from the 2011
National Hunting and Fishing Survey,
the most recent year for which data are
available (see discussion in Regulatory
Flexibility Act section below). We used
this analysis again for the 2017–18
season. This analysis estimated
consumer surplus for three alternatives
for duck hunting (estimates for other
species are not quantified due to lack of
data). The alternatives are (1) issue
restrictive regulations allowing fewer
days than those issued during the 2012–
13 season, (2) issue moderate
regulations allowing more days than
those in alternative 1, and (3) issue
liberal regulations identical to the
regulations in the 2012–13 season. For
the 2013–14 season, we chose
Alternative 3, with an estimated
consumer surplus across all flyways of
$317.8–$416.8 million. We also chose
alternative 3 for the 2009–10, the 2010–
11, the 2011–12, the 2012–13, the 2014–
15, the 2015–16, the 2016–17, and the
2017–18 seasons. The 2013–14 analysis
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is part of the record for this rule and is
available at https://www.regulations.gov
at Docket No. FWS–HQ–MB–2016–
0051.
Regulatory Flexibility Act
The annual migratory bird hunting
regulations have a significant economic
impact on substantial numbers of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). We analyzed
the economic impacts of the annual
hunting regulations on small business
entities in detail as part of the 1981 costbenefit analysis. This analysis was
revised annually from 1990–95. In 1995,
the Service issued a Small Entity
Flexibility Analysis (Analysis), which
was subsequently updated in 1996,
1998, 2004, 2008, and 2013. The
primary source of information about
hunter expenditures for migratory game
bird hunting is the National Hunting
and Fishing Survey, which is conducted
at 5-year intervals. The 2013 Analysis
was based on the 2011 National Hunting
and Fishing Survey and the U.S.
Department of Commerce’s County
Business Patterns, from which it was
estimated that migratory bird hunters
would spend approximately $1.5 billion
at small businesses in 2013. Copies of
the Analysis are available upon request
from the Division of Migratory Bird
Management (see FOR FURTHER
INFORMATION CONTACT) or from https://
www.regulations.gov at Docket No.
FWS–HQ–MB–2016–0051.
Small Business Regulatory Enforcement
Fairness Act
This final rule is a major rule under
5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
For the reasons outlined above, this rule
is part of a larger rulemaking effort that
would have an annual effect on the
economy of $100 million or more.
However, because this rule establishes
hunting seasons, we do not plan to defer
the effective date under the exemption
contained in 5 U.S.C. 808(1).
Paperwork Reduction Act
This rule does not contain any new
information collection that requires
approval under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). We may not conduct or sponsor
and you are not required to respond to
a collection of information unless it
displays a currently valid Office of
Management and Budget (OMB) control
number. OMB has reviewed and
approved the information collection
requirements associated with migratory
bird surveys and assigned the following
OMB control numbers:
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• 1018–0019—North American
Woodcock Singing Ground Survey
(expires 5/31/2018).
• 1018–0023—Migratory Bird
Surveys (expires 8/31/2020). Includes
Migratory Bird Harvest Information
Program, Migratory Bird Hunter
Surveys, Sandhill Crane Survey, and
Parts Collection Survey.
Unfunded Mandates Reform Act
We have determined and certify, in
compliance with the requirements of the
Unfunded Mandates Reform Act, 2
U.S.C. 1502 et seq., that this rulemaking
would not impose a cost of $100 million
or more in any given year on local or
State government or private entities.
Therefore, this rule is not a ‘‘significant
regulatory action’’ under the Unfunded
Mandates Reform Act.
Civil Justice Reform—Executive Order
12988
The Department, in promulgating this
rule, has determined that this rule will
not unduly burden the judicial system
and that it meets the requirements of
sections 3(a) and 3(b)(2) of E.O. 12988.
Takings Implication Assessment
In accordance with E.O. 12630, this
rule, authorized by the Migratory Bird
Treaty Act, does not have significant
takings implications and does not affect
any constitutionally protected property
rights. This rule would not result in the
physical occupancy of property, the
physical invasion of property, or the
regulatory taking of any property. In
fact, this rule would allow hunters to
exercise otherwise unavailable
privileges and, therefore, reduce
restrictions on the use of private and
public property.
Energy Effects—Executive Order 13211
E.O. 13211 requires agencies to
prepare Statements of Energy Effects
when undertaking certain actions.
While this rule is a significant
regulatory action under E.O. 12866, it is
not expected to adversely affect energy
supplies, distribution, or use. Therefore,
this action is not a significant energy
action and no Statement of Energy
Effects is required.
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), E.O.
13175, and 512 DM 2, we have
evaluated possible effects on Federally
recognized Indian tribes. This
rulemaking process is collaborative with
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the Tribes, and we will continue to
consult with the Tribes when we
finalize the August 22 proposed rule.
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Federalism Effects
Due to the migratory nature of certain
species of birds, the Federal
Government has been given
responsibility over these species by the
Migratory Bird Treaty Act. We annually
prescribe frameworks from which the
States make selections regarding the
hunting of migratory birds, and we
employ guidelines to establish special
regulations on Federal Indian
reservations and ceded lands. This
process preserves the ability of the
States and tribes to determine which
seasons meet their individual needs.
Any State or Indian tribe may be more
restrictive than the Federal frameworks
at any time. The frameworks are
developed in a cooperative process with
the States and the Flyway Councils.
This process allows States to participate
in the development of frameworks from
which they will make selections,
thereby having an influence on their
own regulations. These rules do not
have a substantial direct effect on fiscal
capacity, change the roles or
responsibilities of Federal or State
governments, or intrude on State policy
or administration. Therefore, in
accordance with E.O. 13132, these
regulations do not have significant
federalism effects and do not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
Need for Interim Final Rule
The rulemaking process for migratory
game bird hunting must, by its nature,
operate under severe time constraints.
Because of changes in the process for
this season’s rules, publication of the
August 22, 2017, proposed rule (82 FR
39716) was delayed, requiring
publication of this interim final rule.
The August 22, 2017, proposed rule
provides the public the opportunity to
comment. The public, having
commented on last year’s final rule (81
FR 62404; September 9, 2016) and other
previous final rules, also had an
opportunity to comment on the
substance of the current interim final
rule, and we addressed the nine
comments received in the 2016 final
rule. Furthermore, these tribal
regulations have generally been similar
the past several years, and with no
significant controversy from the public.
It would be impracticable to finalize
the August 22 proposed rule by
September 1. But without this interim
rule, the hunting of migratory birds on
ceded and reservation lands during the
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normal fall seasons, which in some
cases begin on September 1 each year,
would be in violation of the MBTA. To
respect the various Tribal treaties
between the Tribal nations and the
United States that allow for the treaty
right to hunt waterfowl on these ceded
lands, either for their cultural or
religious exercise, sustenance, and/or
materials for cultural use (e.g.,
handicraft), the Department finds that it
is in the public interest to publish this
interim final rule. The Administrative
Procedure Act under 5 U.S.C. 553(b)(B)
allows an agency to make a rule
effective immediately for good cause if
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ We find that
undertaking the notice-and-comment
procedures prior to making this rule
effective is impracticable, unnecessary,
and contrary to the public interest, and
therefore the ‘‘good cause’’ exception
under 5 U.S.C. 553(b)(B) applies.
In addition, we have good cause to
waive the standard 30-day effective date
for this interim final rule consistent
with section 553(d)(3) of the
Administrative Procedure Act, and this
rule will, therefore, take effect
immediately upon publication. This
rule relieves a restriction, as just
described. Delaying the effective date
for 30 days would have detrimental
effects on individuals seeking to hunt
on ceded and reservation lands during
the seasons that in some cases begin
September 1 and on the businesses that
support this activity.
Moreover, in the proposed rule that
published in the Federal Register on
August 22, 2017 (82 FR 39716), we
proposed changes to the regulations in
50 CFR 20.110 that would establish in
most cases substantially similar season
opening and closing dates that are set
forth in this interim rule. The proposed
regulatory revisions are the result of a
collaborative process between the
Service and the Tribes. As described
earlier in SUPPLEMENTARY INFORMATION
and as set forth in DATES, comments are
due on the proposed rule by September
21, 2017. Following our consideration of
the comments received, we will issue a
final rule that will replace the regulatory
provisions in this interim rule.
Public Comments Solicited
We invite interested persons to
submit written comments, suggestions,
or recommendations regarding the
interim final rule during the comment
period for our proposed special
migratory bird hunting regulations for
the 2017–18 hunting season for certain
Indian tribes, published August 22,
2017, in the Federal Register (82 FR
39716). Before promulgating final
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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 or this
interim final rule.
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in
ADDRESSES. We will not accept
comments sent by email or fax. We will
not consider hand-delivered comments
that we do not receive, or mailed
comments that are not postmarked, by
September 21, 2017. 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 interim final rule
and the August 22, 2017, proposed rule
(82 FR 39716), will be available for
public inspection on https://
www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Division of Migratory Bird
Management, 5275 Leesburg Pike, Falls
Church, VA 22041–3803. We will
consider, but possibly may not respond
in detail to, each comment. As in the
past, we will summarize all comments
we receive during the comment period
and respond to them after the closing
date in the preambles of any final rules.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
Regulation Promulgation
Accordingly, for the reasons set forth
above, we amend part 20, subchapter B,
chapter I of title 50 of the Code of
Federal Regulations as follows:
PART 20—MIGRATORY BIRD
HUNTING
1. The authority citation for part 20
continues to read as follows:
■
Authority: Migratory Bird Treaty Act, 40
Stat. 755, 16 U.S.C. 703–712; Fish and
Wildlife Act of 1956, 16 U.S.C. 742a–j;
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Pub. L. 106–108, 113 Stat. 1491, Note
Following 16 U.S.C. 703.
Geese
Dark Geese
(Note: The following hunting
regulations provided for by 50 CFR
20.110 will not appear in the Code of
Federal Regulations because of their
seasonal nature.)
2. Section 20.110 is revised to read as
follows:
■
§ 20.110 Seasons, limits, and other
regulations for certain Federal Indian
reservations, Indian Territory, and ceded
lands.
Unless specifically provided for
below, all of the regulations contained
in 50 CFR part 20 apply to the seasons
listed herein.
(a) [Reserved.]
(b) Confederated Salish and Kootenai
Tribes, Flathead Indian Reservation,
Pablo, Montana (Tribal Members and
Nontribal Hunters).
Tribal Members Only
Ducks (Including Mergansers)
Season Dates: Open September 1,
2017, through March 9, 2018.
Daily Bag and Possession Limits: The
Tribe does not have specific bag and
possession restrictions for Tribal
members. The season on harlequin duck
is closed.
Coots
Canada Geese
1854 and 1837 Ceded Territories
Season Dates: Begin September 1 and
end November 30, 2017.
Daily Bag Limit: 20 geese.
Season Dates: Open September 30,
2017, through January 7, 2018, and open
January 13 through 17, 2018.
Daily Bag and Possession Limits: 4
and 12, respectively.
Light Geese
Season Dates: Same as for dark geese.
Daily Bag and Possession Limits: 20
and 60, respectively.
General Conditions: Tribal and
nontribal hunters must comply with all
basic Federal migratory bird hunting
regulations contained in 50 CFR part 20
regarding manner of taking. In addition,
shooting hours are one-half hour before
sunrise to one-half hour after sunset,
and each waterfowl hunter 16 years of
age or older must carry on his/her
person a valid Migratory Bird Hunting
and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face.
Special regulations established by the
Confederated Salish and Kootenai
Tribes also apply on the reservation.
(c) Fond du Lac Band of Lake
Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only).
Ducks
1854 and 1837 Ceded Territories
Season Dates: Begin September 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: Same as ducks.
Daily Bag and Possession Limits:
Same as ducks.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits:
Same as ducks.
Reservation
Season Dates: Open September 30,
2017, through January 7, 2018, and open
January 13 through 17, 2018.
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.
Scaup
Mergansers
Season Dates: Open September 30
through December 24, 2017.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, one pintail, three
scaup (when open), two canvasback,
and two redheads. The possession limit
is three times the daily bag limit.
1854 and 1837 Ceded Territories
Coots
Season Dates: Begin September 1 and
end November 30, 2017.
Daily Bag Limit: 10 mergansers,
including no more than 4 hooded
mergansers.
Nontribal Hunters
nlaroche on DSKBBV9HB2PROD with RULES
Ducks (Including Mergansers)
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25
and 25, respectively.
VerDate Sep<11>2014
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Season Dates: Begin September 9 and
end November 30, 2017.
Daily Bag Limit: 15 mergansers,
including no more than 6 hooded
mergansers.
Reservation
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Reservation
Season Dates: Begin September 1 and
end November 30, 2017.
Daily Bag Limit: 20 geese.
Coots and Common Moorhens
(Common Gallinules)
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.
Reservation
Season Dates: Begin September 1 and
end November 30, 2017.
Daily Bag Limit: 20 coots and
common moorhens, singly or in the
aggregate.
Sandhill Cranes: 1854 and 1837 Ceded
Territories
Season Dates: Begin September 1 and
end November 30, 2017.
Daily Bag Limit: Two sandhill cranes.
Crane carcass tags are required prior to
hunting.
Sora and Virginia Rails
All Areas
Season Dates: Begin September 1 and
end November 30, 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 Doves
All Areas
Season Dates: Begin September 1 and
end November 30, 2017.
Daily Bag Limit: 30 mourning doves.
General Conditions
1. While hunting waterfowl, a tribal
member must carry on his/her person a
valid Ceded Territory License.
2. Shooting hours for migratory birds
are one-half hour before sunrise to onehalf hour after sunset.
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3. Except as otherwise noted, tribal
members will be required to comply
with tribal codes that will be no less
restrictive than the provisions of
Chapter 10 of the Model Off-Reservation
Code. Except as modified by the Service
rules adopted in response to this
proposal, these amended regulations
parallel Federal requirements in 50 CFR
part 20 as to hunting methods,
transportation, sale, exportation, and
other conditions generally applicable to
migratory bird hunting.
4. Band members in each zone will
comply with State regulations providing
for closed and restricted waterfowl
hunting areas.
5. There are no possession limits for
migratory birds. For purposes of
enforcing bag limits, all migratory birds
in the possession or custody of band
members on ceded lands will be
considered to have been taken on those
lands unless tagged by a tribal or State
conservation warden as having been
taken on-reservation. All migratory
birds that fall on reservation lands will
not count as part of any off-reservation
bag or possession limit.
(d) Grand Traverse Band of Ottawa
and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only).
Daily Bag Limit: Two sandhill cranes,
with a season limit of six.
General Conditions: A valid Grand
Traverse Band Tribal license is required
and must be in possession before taking
any wildlife. Shooting hours for
migratory birds are one-half hour before
sunrise to one-half hour after sunset. All
other basic regulations contained in 50
CFR part 20 are valid. Other tribal
regulations apply, and may be obtained
at the tribal office in Suttons Bay,
Michigan.
(e) Great Lakes Indian Fish and
Wildlife Commission, Odanah,
Wisconsin (Tribal Members Only).
The 2017–18 waterfowl hunting
season regulations apply to all treaty
areas (except where noted):
Ducks
Geese
Season Dates: Open September 1,
2017, through January 20, 2018.
Daily Bag Limit: 25 ducks, which may
include no more than 6 pintail, 4
canvasback, 6 black ducks, 1 hooded
merganser, 6 wood ducks, 5 redheads,
and 12 mallards (only 6 of which may
be hens).
Season Dates: Begin September 1 and
end December 31, 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.
Canada and Snow Geese
Other Migratory Birds
Season Dates: Open September 1,
2017, through February 15, 2018.
Daily Bag Limit: 10 geese.
Coots and Common Moorhens
(Common Gallinules)
Other Geese (White-Fronted Geese and
Brant)
Season Dates: Open September 20
through December 30, 2017.
Daily Bag Limit: Five geese.
nlaroche on DSKBBV9HB2PROD with RULES
Season Dates: Open September 1
through November 14, 2017.
Daily Bag Limit: 10 mourning doves.
15:11 Aug 30, 2017
Jkt 241001
Season Dates: Begin September 1 and
end December 31, 2017.
Daily Bag Limit: 10 mergansers.
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.
Common Snipe
Mourning Doves
VerDate Sep<11>2014
Mergansers
Season Dates: Begin September 1 and
end December 31, 2017.
Daily Bag and Possession Limits: 20,
singly, or in the aggregate, 25.
Season Dates: Open September 1
through November 14, 2017.
Daily Bag Limit: 10 rails, 10 snipe,
and 5 woodcock.
Season Dates: Open September 1
through November 14, 2017.
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.
Sora and Virginia Rails
Sora Rails, Common Snipe, and
Woodcock
Sandhill Crane
Ducks
Season Dates: Begin September 1 and
end December 31, 2017.
Daily Bag Limit: 16 common snipe.
Woodcock
Season Dates: Begin September 6 and
end December 31, 2017.
Daily Bag Limit: 10 woodcock.
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41349
Mourning Dove: 1837 and 1842 Ceded
Territories Only
Season Dates: Begin September 1 and
end November 29, 2017.
Daily Bag Limit: 15 mourning doves.
Sandhill Cranes: 1837 and 1842 Ceded
Territories Only
Season Dates: Begin September 1 and
end December 31, 2017.
Daily Bag Limit: 2 cranes.
Swans: 1837 and 1842 Ceded
Territories Only
Season Dates: Begin November 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 are required to
obtain a valid tribal waterfowl hunting
permit.
B. Except as otherwise noted, tribal
members are required to comply with
tribal codes that are no less restrictive
than the model ceded territory
conservation codes approved by Federal
courts in the Lac Courte Oreilles v. State
of Wisconsin (Voigt) and Mille Lacs
Band v. State of Minnesota cases.
Chapter 10 in each of these model codes
regulates ceded territory migratory bird
hunting. Both versions of Chapter 10
parallel Federal requirements as to
hunting methods, transportation, sale,
exportation, and other conditions
generally applicable to migratory bird
hunting. They also automatically
incorporate by reference the Federal
migratory bird regulations.
C. Particular regulations of note
include:
1. Nontoxic shot is required for all
waterfowl hunting by tribal members.
2. Tribal members in each zone must
comply with tribal regulations
providing for closed and restricted
waterfowl hunting areas. These
regulations generally incorporate the
same restrictions contained in parallel
State regulations.
3. There are no possession limits,
with the exception of 2 swans (in the
aggregate) and 25 rails (in the aggregate).
For purposes of enforcing bag limits, all
migratory birds in the possession and
custody of tribal members on ceded
lands are considered to have been taken
on those lands unless tagged by a tribal
or State conservation warden as taken
on reservation lands. All migratory birds
that fall on reservation lands do not
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Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
count as part of any off-reservation bag
or possession limit.
4. The baiting restrictions included in
the respective section 10.05(2)(h) of the
model ceded territory conservation
codes will be amended to include
language which parallels that in place
for nontribal members as published at
64 FR 29799, June 3, 1999.
5. There are no shell limit restrictions.
6. Hunting hours are from 30 minutes
before sunrise to 30 minutes after
sunset.
(f) Jicarilla Apache Tribe, Jicarilla
Indian Reservation, Dulce, New Mexico
(Tribal Members and Nontribal
Hunters).
Ducks (Including Mergansers)
Season Dates: Open October 14
through November 30, 2017.
Daily Bag and Possession Limits: The
daily bag limit is seven, including no
more than two hen mallards, one
pintail, two redheads, two canvasback,
and three scaup. The possession limit is
three times the daily bag limit.
Canada Geese
Season Dates: Open October 14
through November 30, 2017.
Daily Bag and Possession Limits: Two
and six, respectively.
General Conditions: Tribal and
nontribal hunters must comply with all
basic Federal migratory bird hunting
regulations in 50 CFR part 20 regarding
shooting hours and manner of taking. In
addition, each waterfowl hunter 16
years of age or older must carry on his/
her person a valid Migratory Bird
Hunting and Conservation Stamp (Duck
Stamp) signed in ink across the stamp
face. Special regulations established by
the Jicarilla Tribe also apply on the
reservation.
(g) Kalispel Tribe, Kalispel
Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters).
nlaroche on DSKBBV9HB2PROD with RULES
Nontribal Hunters on Reservation
Geese
Season Dates: Open September 9
through September 10, 2017; open
September 16 through September 17,
2017; and open October 1, 2017,
through January 8, 2018. During these
periods, days to be hunted are specified
by the Kalispel Tribe. Nontribal hunters
should contact the Tribe for more detail
on hunting days.
Daily Bag and Possession Limits: 5
Canada geese for the early season, and
3 light geese and 4 dark geese, for the
late season. The daily bag limit is 2
brant (when the State’s season is open)
and is in addition to dark goose limits
for the late-season. The possession limit
is twice the daily bag limit.
VerDate Sep<11>2014
15:11 Aug 30, 2017
Jkt 241001
Ducks
Season Dates: Open September 23
through September 24, 2017; open
September 19 through September 30,
2017; and open October 1, 2017,
through January 8, 2018. During these
periods, days to be hunted are specified
by the Kalispel Tribe. Nontribal hunters
should contact the Tribe for more detail
on hunting days.
(i) Leech Lake Band of Ojibwe, Cass
Lake, Minnesota (Tribal Members Only).
Scaup
Season Dates: Open September 23
through December 17, 2017.
Daily Bag and Possession Limits: 7
ducks, including no more than 2 female
mallards, 1 pintail, 1 canvasback, 3
scaup (when open), and 2 redheads. The
possession limit is twice the daily bag
limit.
Season Dates: Open September 1
through December 31, 2017.
Daily Bag Limits: 10 geese.
General: Possession limits are twice
the daily bag limits. Shooting hours are
one-half hour before sunrise to one-half
hour after sunset. Nontoxic shot is
required. Use of live decoys, bait, and
commercial use of migratory birds are
prohibited. Waterfowl may not be
pursued or taken while using motorized
craft.
(j) Little River Band of Ottawa
Indians, Manistee, Michigan (Tribal
Members Only).
Tribal Hunters Within Kalispel Ceded
Lands
Ducks
Season Dates: Open October 10, 2017,
through January 31, 2018.
Daily Bag and Possession Limits: 7
ducks, including no more than 2 female
mallards, 2 pintail, 1 canvasback, 3
scaup, and 2 redheads. The possession
limit is twice the daily bag limit.
Geese
Season Dates: Open September 10,
2017, through January 31, 2016.
Daily Bag Limit: 6 light geese and 4
dark geese. The daily bag limit is 2 brant
and is in addition to dark goose limits.
General: Tribal members must possess
a validated Migratory Bird Hunting and
Conservation Stamp and a tribal ceded
lands permit.
(h) Klamath Tribe, Chiloquin, Oregon
(Tribal Members Only).
Ducks
Season Dates: Open October 7, 2017,
through January 31, 2018.
Daily Bag and Possession Limits: 9
and 18 ducks, respectively.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 9
and 18 coots, respectively.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 9
and 18 geese, respectively.
General Conditions: The Klamath
Tribe provides its game management
officers, biologists, and wildlife
technicians with regulatory enforcement
authority, and has a court system with
judges that hear cases and set fines.
Nontoxic shot is required. Shooting
hours are one-half hour before sunrise to
one-half hour after sunset.
PO 00000
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Ducks
Season Dates: Open September 16
through December 31, 2017.
Daily Bag Limits: 10 ducks, including
no more than 5 pintail, 5 canvasback,
and 5 black ducks.
Geese
1836 Ceded Territory and Tribal
Reservation
Ducks
Season Dates: Open September 9,
2017, through January 26, 2018.
Daily Bag Limits: 12 ducks, including
no more than 6 mallards (2 of which
may be hens), 3 black ducks, 3
redheads, 3 wood ducks, 2 pintail, 1
hooded merganser, and 2 canvasback.
Canada Geese
Season Dates: Open September 1,
2017, through February 4, 2018.
Daily Bag Limit: Five.
White-Fronted Geese, Brant, and Snow
Geese
Season Dates: Open September 8
through December 10, 2017.
Daily Bag Limit: Five.
Woodcock, Mourning Doves, Snipe, and
Sora and Virginia Rails
Season Dates: Open September 1
through November 12, 2017.
Daily Bag Limit: 5 woodcock and 10
each of the other species.
General conditions are as follows:
A. All tribal members will be required
to obtain a valid tribal resource card and
2016–17 hunting license.
B. Except as modified by the Service
rules adopted in response to this
proposal, these amended regulations
parallel all Federal regulations
contained in 50 CFR part 20. Shooting
hours will be from one-half hour before
sunrise to sunset.
C. Particular regulations of note
include:
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(1) Nontoxic shot will be required for
all waterfowl hunting by tribal
members.
(2) Tribal members in each zone will
comply with tribal regulations
providing for closed and restricted
waterfowl hunting areas. These
regulations generally incorporate the
same restrictions contained in parallel
State regulations.
D. Tribal members hunting in
Michigan will comply with tribal codes
that contain provisions parallel to
Michigan law regarding duck blinds and
decoys.
E. Possession limits are twice the
daily bag limits.
(k) The Little Traverse Bay Bands of
Odawa Indians, Petoskey, Michigan
(Tribal Members Only).
Ducks
Season Dates: Open September 1,
2017, through January 31, 2018.
Daily Bag Limits: 20 ducks, including
no more than 5 hen mallards, 5 black
ducks, 5 redheads, 5 wood ducks, 5
pintail, 5 scaup, and 5 canvasback.
Mergansers
General: Possession limits are twice
the daily bag limits.
(l) Lower Brule Sioux Tribe, Lower
Brule Reservation, Lower Brule, South
Dakota (Tribal Members and Nontribal
Hunters).
Tribal Members
Ducks, Mergansers, and Coots
Season Dates: Open September 1,
2017, through March 10, 2018.
Daily Bag and Possession Limits: Six
ducks, including no more than two hen
mallards and five mallards total, two
pintail, two redheads, two canvasback,
three wood ducks, three scaup, two
bonus teal during the first 16 days of the
season, and one mottled duck. Coot
daily bag limit is 15. Merganser daily
bag limit is five, including no more than
two hooded mergansers. The possession
limit is three times the daily bag limit.
Canada Geese
Season Dates: Open September 1,
2017, through March 10, 2018.
Daily Bag and Possession Limits: 6
and 18, respectively.
Season Dates: Open September 15,
2017, through January 31, 2018.
Daily Bag Limits: 10 mergansers,
including no more than 5 hooded
mergansers.
White-Fronted Geese
Coots and Gallinules
Light Geese
Season Dates: Open September 15
through December 31, 2017.
Daily Bag Limit: 20.
Season Dates: Open September 1,
2017, through March 10, 2018.
Daily Bag Limit: 20.
Canada Geese
Nontribal Hunters
Season Dates: Open September 1,
2017, through February 8, 2018.
Daily Bag Limit: 20 in the aggregate.
Ducks (Including Mergansers and
Coots)
Sora and Virginia Rails
Season Dates: Open September 1
through December 31, 2017.
Daily Bag Limit: 20.
Snipe
Season Dates: Open September 1
through December 31, 2017.
Daily Bag Limit: 16.
Mourning Doves
Season Dates: Open September 1
through November 14, 2017.
Daily Bag Limit: 15.
nlaroche on DSKBBV9HB2PROD with RULES
Woodcock
Season Dates: Open September 1
through December 1, 2017.
Daily Bag Limit: 10.
Sandhill Cranes
Season Dates: Open September 1
through December 1, 2017.
Daily Bag Limit: 1.
VerDate Sep<11>2014
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Jkt 241001
Season Dates: Open September 1,
2017, through March 10, 2018.
Daily Bag and Possession Limits: Two
and six, respectively.
Season Dates: Open October 7, 2017,
through January 11, 2018.
Daily Bag and Possession Limits: Six
ducks, including five mallards (no more
of which can be two hen mallards),
three scaup, two canvasback, two
redheads, three wood ducks, one
mottled duck, and one pintail. Coot
daily bag limit is 15. Merganser daily
bag limit is five, including no more than
two hooded mergansers. The possession
limit is three times the daily bag limit.
Canada Geese
Season Dates: Open October 28, 2017,
through February 11, 2018.
Daily Bag and Possession Limits: 6
and 18, respectively.
White-fronted Geese
Season Dates: Open October 28, 2017,
through January 23, 2018.
Daily Bag and Possession Limits: Two
and six, respectively.
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41351
Light Geese
Season Dates: Open October 28, 2017,
through February 11, 2018.
Daily Bag and Possession Limits: 50
and no possession limit.
General Conditions: All hunters must
comply with the basic Federal migratory
bird hunting regulations in 50 CFR part
20, including the use of steel shot and
shooting hours. Nontribal hunters must
possess a validated Migratory Bird
Hunting and Conservation Stamp. The
Lower Brule Sioux Tribe has an official
Conservation Code that hunters must
adhere to when hunting in areas subject
to control by the Tribe.
(m) [Reserved.]
(n) Makah Indian Tribe, Neah Bay,
Washington (Tribal Members).
Band-Tailed Pigeons
Season Dates: Open September 22
through October 23, 2017.
Daily Bag Limit: Two band-tailed
pigeons.
Ducks and Coots
Season Dates: Open September 23,
2017, through January 28, 2018.
Daily Bag Limit: Seven ducks
including no more than five mallards
(only two of which can be a hen), one
redhead, one pintail, three scaup, and
one canvasback. The seasons on wood
duck and harlequin are closed. The coot
daily bag limit is 25.
Geese
Season Dates: Open September 23,
2017, through January 28, 2018.
Daily Bag Limit: Four, including no
more than one brant. The seasons on
Aleutian and dusky Canada geese are
closed.
General Conditions
All other Federal regulations
contained in 50 CFR part 20 apply. The
following restrictions also apply:
1. As per Makah Ordinance 44, only
shotguns may be used to hunt any
species of waterfowl. Additionally,
shotguns must not be discharged within
0.25 miles of an occupied area.
2. Hunters must be eligible, enrolled
Makah tribal members and must carry
their Indian Treaty Fishing and Hunting
Identification Card while hunting. No
tags or permits are required to hunt
waterfowl.
3. The Cape Flattery area is open to
waterfowl hunting, except in designated
wilderness areas, or within 1 mile of
Cape Flattery Trail, or in any area that
is closed to hunting by another
ordinance or regulation.
4. The use of live decoys and/or
baiting to pursue any species of
waterfowl is prohibited.
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5. Steel or bismuth shot only for
waterfowl is allowed; the use of lead
shot is prohibited.
6. The use of dogs is permitted to
hunt waterfowl.
7. Shooting hours for all species of
waterfowl are one-half hour before
sunrise to sunset.
8. Open hunting areas are: GMUs 601
(Hoko), a portion of the 602 (Dickey)
encompassing the area north of a line
between Norwegian Memorial and east
to Highway 101, and 603 (Pysht).
(o) Navajo Nation, Navajo Indian
Reservation, Window Rock, Arizona
(Tribal Members and Nontribal
Hunters).
Band-Tailed Pigeons
Season Dates: Open September 1
through September 30, 2017.
Daily Bag and Possession Limits: 5
and 10 pigeons, respectively.
Season Dates: Open September 23,
2017, through January 7, 2018.
Scaup
Season Dates: Open September 23
through December 17, 2017.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, one mottled duck,
two canvasback, three scaup (when
open), two redheads, and one pintail.
Coot daily bag limit is 25. Merganser
daily bag limit is seven. The possession
limit is three times the daily bag limit.
Canada Geese
nlaroche on DSKBBV9HB2PROD with RULES
Season Dates: Open September 1
through December 31, 2017.
Daily Bag and Possession Limits: 5
Canada geese with a possession limit of
10. A seasonal quota of 500 birds is
adopted. If the quota is reached before
the season concludes, the season will be
closed at that time.
Doves
Ducks (Including Mergansers and
Coots)
Season Dates: Open September 23,
2017, through January 7, 2018.
Daily Bag and Possession Limits: 4
and 12, respectively.
General Conditions: Tribal and
nontribal hunters will comply with all
basic Federal migratory bird hunting
regulations in 50 CFR part 20, regarding
shooting hours and manner of taking. In
addition, each waterfowl hunter 16
years of age or over must carry on his/
her person a valid Migratory Bird
Hunting and Conservation Stamp (Duck
Stamp) signed in ink across the face.
Special regulations established by the
Navajo Nation also apply on the
reservation.
(p) Oneida Tribe of Indians of
Wisconsin, Oneida, Wisconsin (Tribal
Members Only).
Jkt 241001
Geese
Season Dates: Open September 3
through November 6, 2017.
Daily Bag and Possession Limits: Two
and four woodcock, respectively.
Season Dates: Open September 1
through September 30, 2017.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
15:11 Aug 30, 2017
Season Dates: Open September 16
through December 3, 2017.
Daily Bag and Possession Limits: Six,
including no more than six mallards
(three hen mallards), six wood ducks,
one redhead, two pintail, and one
hooded merganser. The possession limit
is twice the daily bag limit.
Woodcock
Mourning Doves
VerDate Sep<11>2014
Ducks (Including Mergansers)
Season Dates: Open September 2
through November 5, 2017.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
General Conditions: Tribal member
shooting hours are one-half hour before
sunrise to one-half hour after sunset.
Nontribal members hunting on the
Reservation or on lands under the
jurisdiction of the Tribe must comply
with all State of Wisconsin regulations,
including season dates, shooting hours,
and bag limits, which differ from tribal
member seasons. Tribal members and
nontribal members hunting on the
Reservation or on lands under the
jurisdiction of the Tribe will observe all
basic Federal migratory bird hunting
regulations found in 50 CFR part 20,
with the following exceptions: Tribal
members are exempt from the purchase
of the Migratory Waterfowl Hunting and
Conservation Stamp (Duck Stamp); and
shotgun capacity is not limited to three
shells.
(q) Point No Point Treaty Council,
Kingston, Washington (Tribal Members
Only).
Jamestown S’Klallam Tribe
Ducks
Season Dates: Open September 1,
2017, through March 10, 2018.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, one pintail, one
canvasback, four scoters, and two
redheads. Possession limit is twice the
daily bag limit. Bag and possession
limits for harlequin ducks is one per
season.
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Geese
Season Dates: Open September 9,
2017, through March 10, 2018.
Daily Bag and Possession Limits: Four
geese, and may include no more than
three light geese. The season on dusky
Canada geese is closed. Possession limit
is twice the daily bag limit.
Brant
Season Dates: Open January 10
through January 25, 2018.
Daily Bag and Possession Limits: Two
and four, respectively.
Coots
Season Dates: Open September 13,
2017, through February 1, 2018.
Daily Bag and Possession Limits: 25
and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 13,
2017, through January 18, 2018.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Snipe
Season Dates: Open September 13,
2017, through March 10, 2018.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
Band-Tailed Pigeons
Season Dates: Open September 13,
2017, through January 18, 2018.
Daily Bag and Possession Limits: Two
and four pigeons, respectively.
Port Gamble S’Klallam Tribe
Ducks
Season Dates: Open September 1,
2017, through March 10, 2018.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, one pintail, one
canvasback, four scoters, and two
redheads. Possession limit is twice the
daily bag limit. Bag and possession
limits for harlequin ducks is one per
season.
Geese
Season Dates: Open September 1,
2017, through March 10, 2018.
Daily Bag and Possession Limits: Four
geese, and may include no more than
three light geese. The season on dusky
Canada geese is closed. Possession limit
is twice the daily bag limit.
Brant
Season Dates: Open November 9,
2017, through January 31, 2018.
Daily Bag and Possession Limits: Two
and four, respectively.
Coots
Season Dates: Open September 1,
2017, through March 10, 2018.
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Daily Bag and Possession Limits: 7
and 14 coots, respectively.
Daily Bag Limits: 16.
Season Dates: Open September 1,
2017, through January 31, 2018.
Daily Bag Limits: 20 in the aggregate.
Season Dates: Open September 1,
2017, through January 31, 2018.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Sandhill Crane
Snipe
Season Dates: Open September 1,
2017, through March 10, 2018.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
Band-Tailed Pigeons
Season Dates: Open September 1,
2017, through March 10, 2018.
Daily Bag and Possession Limits: Two
and four pigeons, respectively.
General: Tribal members must possess
a tribal hunting permit from the Point
No Point Tribal Council pursuant to
tribal law. Hunting hours are from onehalf hour before sunrise to sunset.
Hunters must observe all other basic
Federal migratory bird hunting
regulations in 50 CFR part 20.
(r) The Saginaw Chippewa Indian
Tribe of Michigan, Isabella Reservation,
Mt. Pleasant, Michigan (Tribal Members
Only).
Mourning Doves
Season Dates: Open September 1,
2017, through January 31, 2018.
Daily Bag Limit: 25 doves.
Ducks
Season Dates: Open September 1,
2017, through January 31, 2018.
Daily Bag Limits: 20, including no
more than 5 hen mallards, 5 wood
ducks, 5 black ducks, 5 pintail, 5
redhead, 5 scaup, and 5 canvasback.
Mergansers
Season Dates: Open September 1,
2017, through January 31, 2018.
Daily Bag Limit: 10, including no
more than 5 hooded mergansers.
Canada Geese
Season Dates: Open September 1,
2017, through January 31, 2018.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1,
2017, through January 31, 2018.
Daily Bag Limit: 20 in the aggregate.
nlaroche on DSKBBV9HB2PROD with RULES
Woodcock
Season Dates: Open September 1,
2017, through January 31, 2018.
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open September 1,
2017, through January 31, 2018.
VerDate Sep<11>2014
15:11 Aug 30, 2017
Jkt 241001
Sora and Virginia Rails
Sora and Virginia Rails
Mourning Doves
41353
Season Dates: Open September 1,
2017, through January 31, 2018.
Daily Bag Limits: One.
General: Possession limits are twice
the daily bag limits except for rails, of
which the possession limit equals the
daily bag limit (20). Tribal members
must possess a tribal hunting permit
from the Sault Ste. Marie Tribe pursuant
to tribal law. Shooting hours are onehalf hour before sunrise until one-half
hour after sunset. Hunters must observe
all other basic Federal migratory bird
hunting regulations in 50 CFR part 20.
(s) Sault Ste. Marie Tribe of Chippewa
Indians, Sault Ste. Marie, Michigan
(Tribal Members Only).
Season Dates: Open September 1
through December 31, 2017.
Daily Bag Limits: 20 in the aggregate.
General: Possession limits are twice
the daily bag limits except for rails, of
which the possession limit equals the
daily bag limit (20). Tribal members
must possess a tribal hunting permit
from the Sault Ste. Marie Tribe pursuant
to tribal law. Shooting hours are onehalf hour before sunrise until one-half
hour after sunset. Hunters must observe
all other basic Federal migratory bird
hunting regulations in 50 CFR part 20.
(t) Shoshone-Bannock Tribes, Fort
Hall Indian Reservation, Fort Hall,
Idaho (Nontribal Hunters).
Ducks, Including Scaup
Season Dates: Open September 1
through November 14, 2017.
Daily Bag Limit: 10 doves.
Duck Season Dates: Open October 7,
2017, through January 19, 2018.
Scaup Season Dates: Open October 7,
2017, through December 31, 2018.
Daily Bag and Possession Limits:
Seven ducks and mergansers, including
no more than two hen mallards, one
pintail, three scaup, two canvasback,
and two redheads. The possession limit
is three times the daily bag limit.
Teal
Coots
Season Dates: Open September 1
through December 31, 2017.
Daily Bag Limits: 20 in the aggregate.
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25
coots. The possession limit is three
times the daily bag limit.
Mourning Doves
Ducks
Season Dates: Open September 15
through December 31, 2017.
Daily Bag Limits: 20, including no
more than 10 mallards (only 5 of which
may be hens), 5 canvasback, 5 black
duck, and 5 wood duck.
Mergansers
Season Dates: Open September 15
through December 31, 2017.
Daily Bag Limit: 10 in the aggregate.
Geese
Season Dates: Open September 1
through December 31, 2017.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1
through December 31, 2017.
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open September 2
through December 1, 2017.
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open September 15
through December 31, 2017.
Daily Bag Limits: 16.
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Common Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 8
and 24 snipe, respectively.
Canada Geese
Season Dates: Open October 7, 2017,
through January 19, 2018.
Daily Bag and Possession Limits: 4
and 12, respectively.
White-Fronted Geese
Season Dates: Open October 7, 2017,
through January 19, 2018.
Daily Bag and Possession Limits: 10
and 30, respectively.
Light Geese
Season Dates: Open October 7, 2017,
through January 19, 2018.
Daily Bag and Possession Limits: 20
and 60, respectively
General Conditions: Nontribal hunters
must comply with all basic Federal
migratory bird hunting regulations in 50
CFR part 20 regarding shooting hours
and manner of taking. In addition, each
waterfowl hunter 16 years of age or
older must possess a valid Migratory
Bird Hunting and Conservation Stamp
(Duck Stamp) signed in ink across the
stamp face. Other regulations
E:\FR\FM\31AUR1.SGM
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Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
established by the Shoshone–Bannock
Tribes also apply on the reservation.
(u) [Reserved.]
(v) Spokane Tribe of Indians, Spokane
Indian Reservation and Ceded Lands,
Wellpinit, Washington (Tribal Members
Only).
Ducks
Season Dates: Open September 2,
2017, through January 31, 2018.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, two pintail, two
canvasback, three scaup, and two
redheads. Possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 2,
2017, through January 31, 2018.
Daily Bag and Possession Limits: Four
dark geese and six light geese.
Possession limit is twice the daily bag
limit.
General Conditions: All tribal hunters
must have a valid Tribal identification
card on his or her person while hunting.
Shooting hours are one-half hour before
sunrise to sunset, and steel shot is
required for all migratory bird hunting.
Hunters must observe all other basic
Federal migratory bird hunting
regulations in 50 CFR part 20.
(w) [Reserved.]
(x) Stillaguamish Tribe of Indians,
Arlington, Washington (Tribal Members
Only).
Common Snipe
Season Dates: Open October 1, 2017,
through January 31, 2018.
Daily Bag and Possession Limits: 10
and 30, respectively.
Ducks
Season Dates: Open October 1, 2017,
through March 10, 2018.
Daily Bag and Possession Limits: 10
ducks. The possession limit is three
times the daily bag limit.
Coots
Season Dates: Open October 1, 2017,
through March 10, 2018.
Daily Bag and Possession Limits: 25
coots. The possession limit is three
times the daily bag limit.
nlaroche on DSKBBV9HB2PROD with RULES
Geese
Season Dates: Open October 1, 2017,
through March 10, 2018.
Daily Bag and Possession Limits: 6
and 18, respectively. The season on
brant is closed.
General Conditions: Tribal members
hunting on lands will observe all basic
Federal migratory bird hunting
regulations found in 50 CFR part 20,
VerDate Sep<11>2014
15:11 Aug 30, 2017
Jkt 241001
which will be enforced by the
Stillaguamish Tribal Law Enforcement.
Tribal members are required to use steel
shot or a nontoxic shot as required by
Federal regulations.
(y) Swinomish Indian Tribal
Community, LaConner, Washington
(Tribal Members Only).
Ceded Territory and Swinomish
Reservation
Ducks and Mergansers
Season Dates: Open September 1,
2017, through March 9, 2018.
Daily Bag and Possession Limits: 20
and 40, respectively.
Canada Geese
Season Dates: Open September 1,
2017, through March 9, 2018.
Daily Bag and Possession Limits: 10
and 20 geese, respectively.
Brant
Season Dates: Open September 1,
2017, through March 9, 2018.
Daily Bag and Possession Limits: 5
and 10 brant, respectively.
Coots
Season Dates: Open September 1,
2017, through March 9, 2018.
Daily Bag and Possession Limits: 25
and 75 coots, respectively.
Mourning Dove
Season Dates: Open September 1,
2017, through March 9, 2018.
Daily Bag and Possession Limits: 15
and 30 mourning dove, respectively.
Band-Tailed Pigeon
Season Dates: Open September 1,
2017, through March 9, 2018.
Daily Bag and Possession Limits:
Three and six band-tailed pigeon,
respectively.
(z) The Tulalip Tribes of Washington,
Tulalip Indian Reservation, Marysville,
Washington (Tribal Members Only).
Ducks and Mergansers
Season Dates: Open September 3,
2017, through February 28, 2018.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, one pintail, two
canvasback, three scaup, and two
redheads. Possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 3,
2017, through February 28, 2018.
Daily Bag and Possession Limits:
Seven geese, including no more than
four cackling and dusky Canada geese.
Possession limit is twice the daily bag
limit.
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Brant
Season Dates: Open September 3,
2017, through February 28, 2018.
Daily Bag and Possession Limits: Two
and four brant, respectively.
Coots
Season Dates: Open September 3,
2017, through February 28, 2018.
Daily Bag and Possession Limits: 25
and 25 coots, respectively.
Snipe
Season Dates: Open September 3,
2017, through February 28, 2018.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
General Conditions: All tribal hunters
must have a valid Tribal identification
card on his or her person while hunting.
All nontribal hunters must obtain and
possess while hunting a valid Tulalip
Tribe hunting permit and be
accompanied by a Tulalip Tribal
member. Shooting hours are one-half
hour before sunrise to sunset, and steel
shot is required for all migratory bird
hunting. Hunters must observe all other
basic Federal migratory bird hunting
regulations in 50 CFR part 20.
(aa) Upper Skagit Indian Tribe, Sedro
Woolley, Washington (Tribal Members
Only).
Mourning Doves
Season Dates: Open September 1
through December 31, 2017.
Daily Bag and Possession Limits: 12
and 15 mourning doves, respectively.
Ducks
Season Dates: Open October 1, 2017,
through February 28, 2018.
Daily Bag and Possession Limits: 15
and 20, respectively.
Coots
Season Dates: Open October 1, 2017,
through February 15, 2018.
Daily Bag and Possession Limits: 20
and 30, respectively.
Geese
Season Dates: Open October 1, 2017,
through February 28, 2018.
Daily Bag and Possession Limits: 7
and 10 geese, respectively.
Brant
Season Dates: Open November 1
through November 10, 2017.
Daily Bag and Possession Limits: Two
and two, respectively.
General Conditions: Tribal members
must have the tribal identification and
harvest report card on their person to
hunt. Tribal members hunting on the
Reservation will observe all basic
Federal migratory bird hunting
E:\FR\FM\31AUR1.SGM
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Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
regulations found in 50 CFR part 20,
except shooting hours would be 15
minutes before official sunrise to 15
minutes after official sunset.
(bb) Wampanoag Tribe of Gay Head,
Aquinnah, Massachusetts (Tribal
Members Only).
Ducks
Teal
Season Dates: Open October 9, 2017,
through February 17, 2018.
Daily Bag Limits: 10 teal.
Mergansers
Ducks
Season Dates: Open October 9, 2017,
through February 17, 2018.
Daily Bag Limits: Six ducks, including
no more than four hen mallards, six
black ducks, four mottled ducks, one
fulvous whistling duck, four
mergansers, three scaup, two hooded
merganser, three wood ducks, one
canvasback, two redheads, and two
pintail. The season is closed for
harlequin ducks.
Sea Ducks
Season Dates: Open October 2, 2017,
through February 17, 2018.
Daily Bag Limits: Seven ducks
including no more than four of any one
species (only one of which may be a hen
eider).
Woodcock
Season Dates: Open October 9
through November 25, 2017.
Daily Bag Limits: Three woodcock.
Snow Geese
Season Dates: Open September 4
through 16, 2017, and open November
20, 2017, through February 17, 2018.
Daily Bag Limits: 15 snow geese.
nlaroche on DSKBBV9HB2PROD with RULES
Sora and Virginia Rails
Season Dates: Open September 4
through November 4, 2017.
Daily Bag Limits: 5 sora and 10
Virginia rails.
Snipe
Season Dates: Open September 4
through December 9, 2017.
Daily Bag Limits: Eight snipe.
General Conditions: Shooting hours
are one-half hour before sunrise to
sunset. Nontoxic shot is required. All
other basic Federal migratory bird
hunting regulations contained in 50 CFR
part 20 will be observed.
(cc) White Earth Band of Ojibwe,
White Earth, Minnesota (Tribal
Members Only).
15:11 Aug 30, 2017
Jkt 241001
Season Dates: Open September 9
through December 17, 2017.
Daily Bag Limit for Mergansers: Five
mergansers, including no more than two
hooded mergansers.
Mourning Doves (Wildlife Management
Unit 10 and Areas South of Y–70 and
Y–10 in Wildlife Management Unit 7,
Only)
Season Dates: Open September 1
through 15, 2017.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Ducks and Mergansers
Season Dates: Open October 14, 2017,
through January 28, 2018.
Scaup
Geese
Season Dates: Open September 1
through November 30, 2017.
Daily Bag Limit: 20 coots.
Season Dates: Open November 4,
2017, through January 28, 2018.
Daily Bag Limits: Seven including no
more than two redheads, one pintail,
three scaup (when open), seven
mallards (including no more than two
hen mallards), and two canvasback.
Possession Limits: Twice the daily bag
limit.
Snipe
Coots
Season Dates: Open September 1
through November 30, 2017.
Daily Bag Limit: 10 snipe.
Season Dates: Open October 15, 2017,
through January 29, 2018.
Daily Bag and Possession Limits: 25
and 50, respectively.
Season Dates: Open September 1
through December 17, 2017.
Daily Bag Limit: 12 geese through
September 22, 2017, and 5 thereafter.
Coots
Mourning Dove
Season Dates: Open September 1
through November 30, 2017.
Daily Bag Limit: 25 mourning dove.
Canada Geese
Season Dates: Open September 4
through 16, 2017, and open October 23,
2017, through February 17, 2018.
Daily Bag Limits: Eight Canada geese.
VerDate Sep<11>2014
Season Dates: Open September 9
through December 17, 2017.
Daily Bag Limit for Ducks: 10 ducks,
including no more than 2 female
mallards, 1 pintail, and 1 canvasback.
41355
Woodcock
Season Dates: Open September 1
through November 30, 2017.
Daily Bag Limit: 10 woodcock.
Rail
Season Dates: Open September 1
through November 30, 2017.
Daily Bag Limit: 25 rail.
General Conditions: Shooting hours
are one-half hour before sunrise to onehalf hour after sunset. Nontoxic shot is
required. All other basic Federal
migratory bird hunting regulations
contained in 50 CFR part 20 will be
observed.
(dd) White Mountain Apache Tribe,
Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members
and Nontribal Hunters).
Canada Geese
Season Dates: Open October 14, 2017,
through January 28, 2018.
Daily Bag and Possession Limits:
Three and six Canada geese,
respectively.
General Conditions: All nontribal
hunters hunting band-tailed pigeons
and mourning doves on Reservation
lands shall have in their possession a
valid White Mountain Apache Daily or
Yearly Small Game Permit. In addition
to a small game permit, all nontribal
hunters hunting band-tailed pigeons
must have in their possession a White
Mountain Special Band-tailed Pigeon
Permit. Other special regulations
established by the White Mountain
Apache Tribe apply on the reservation.
Tribal and nontribal hunters will
comply with all basic Federal migratory
bird hunting regulations in 50 CFR part
20 regarding shooting hours and manner
of taking.
Band-Tailed Pigeons (Wildlife
Management Unit 10 and Areas South
of Y–70 and Y–10 in Wildlife
Management Unit 7, Only)
Dated: August 24, 2017.
Todd D. Willens,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
Season Dates: Open September 1
through 15, 2017.
Daily Bag and Possession Limits:
Three and six pigeons, respectively.
[FR Doc. 2017–18401 Filed 8–30–17; 8:45 am]
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Agencies
[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Rules and Regulations]
[Pages 41344-41355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18401]
=======================================================================
-----------------------------------------------------------------------
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; Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2017-18
Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: This rule prescribes special migratory bird hunting
regulations for certain Tribes on Federal Indian reservations, off-
reservation trust lands, and ceded lands. This rule allows the
establishment of season bag limits and, thus, harvest at levels
compatible with populations and habitat conditions in recognition of
their authority to regulate hunting under established guidelines. The
proposed rule for the 2017-18 season was delayed, requiring this
interim final rule to allow Tribes to begin hunting in September. This
interim rule will be replaced when the proposed rule is finalized.
DATES: This rule takes effect on September 1, 2017. Comments on this
rule must be received by September 21, 2017.
ADDRESSES: You may submit comments on this interim rule and the related
proposed rule (see 82 FR 39716, August 22, 2017) 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:
Background
The Migratory Bird Treaty Act (MBTA) of July 3, 1918 (16 U.S.C. 703
et seq.), authorizes and directs the Secretary of the Department of the
Interior, having due regard for the zones of temperature and for the
distribution, abundance, economic value, breeding habits, and times and
lines of flight of migratory game birds, to determine when, to what
extent, and by what means such birds or any part, nest, or egg thereof
may be taken, hunted, captured, killed, possessed, sold, purchased,
shipped, carried, exported, or transported.
In the August 22, 2017, Federal Register (82 FR 39716), we proposed
special migratory bird hunting regulations for the 2017-18 hunting
season for certain Indian tribes, under the guidelines described in the
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to
tribal requests for Service recognition of their reserved hunting
rights, and for some tribes, recognition of their authority to regulate
hunting by both tribal members and nonmembers on their reservations.
The guidelines include possibilities for:
(1) On-reservation hunting by both tribal members and nonmembers,
with hunting by nontribal members on some reservations to take place
within Federal frameworks but on dates different from those selected by
the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of usual
Federal frameworks for season dates and length, and for daily bag and
possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits.
In all cases, the regulations established under the guidelines must
be consistent with the March 10-September 1 closed season mandated by
the 1916 Migratory Bird Treaty with Canada.
Because some tribal seasons begin September 1, before the September
21, 2017, closing date of the comment period and finalization of the
August 22,
[[Page 41345]]
2017, proposed rule (82 FR 39716), we are publishing this interim final
rule to allow these tribes to conduct their hunting seasons. In
compliance with the MBTA, this rule opens the seasons on the dates set
forth in the rule portion of this document, thereby allowing
individuals to legally partake in hunting on these lands. Without
publication of this rule, hunting of migratory birds on certain Tribal
ceded lands as requested by the Tribes would be prohibited until we can
conclude the rulemaking process initiated by the August 22, 2017,
proposed rule (82 FR 39716).
The provisions in this interim rule are the same as those set forth
in our September 9, 2016, final rule (81 FR 62404) except that, in this
interim rule, the season opening and closing dates are updated for the
2017-18 hunting seasons. In one case where we received a 2017-18
proposal from a Tribe (Klamath) that was not included in the 2016 final
rule, we have included that proposal in these interim final rule
regulations using the Tribe's approved seasons from a previous season's
final rule for 2014-15 (79 FR 57405-57406, September 24, 2014). In
other words, although the dates are different, the date ranges, bag
limits, and other restrictions are identical to the previous final
rule. We are using the provisions of the September 9, 2016, final rule
(81 FR 62404) as the provisions for this interim final rule as the 2016
rule is the most recent Tribal final rule and the public is familiar
with it, having already commented on it with the exception of the
specific 2017-18 season dates. To summarize the 2016 final rule
process: On May 27, 2016, we published proposed special migratory bird
hunting regulations for the 2016-17 hunting season for certain Indian
Tribes (81 FR 34226). The comment period for the May 27, 2016, proposed
rule closed on June 27, 2016. We addressed the nine comments received
in a final rule of September 9, 2016 (81 FR 62404). That final rule
established regulatory provisions that are codified in title 50 of the
Code of Federal Regulations at 50 CFR 20.110 and are the basis for this
interim final rule.
Moreover, in the August 22, 2017, proposed rule (82 FR 39716), we
proposed changes to the regulations in 50 CFR 20.110 that would
establish in most cases substantially similar season opening and
closing dates that are set forth in this interim rule. The proposed
regulatory revisions are the result of a collaborative process between
the Service and the Tribes. Comments are due on the proposed rule on
September 21, 2017. Following our consideration of the comments
received, we will issue a final rule that will replace the regulatory
provisions in this interim rule. The public is also welcome to comment
on this interim final rule during the comment period for the proposed
rule that closes September 21.
With the changeover in administrations, the proposed rule was
delayed, preventing issuance of a final rule in time for all Tribes'
normal hunting seasons. We do not intend to use an interim final rule
again for this purpose as doing so prevents Tribes from using
provisions that they may have proposed at the beginning of the hunting
season. We regret any confusion that this delay in the normal
rulemaking process may cause. In future Tribal rulemaking actions, we
expect to have a final rule in place before the start of the Tribes'
hunting seasons.
The interim final rule described here sets migratory bird hunting
regulations on certain Federal Indian reservations and ceded lands for
the 2017-18 season. It sets hunting seasons, hours, areas, and limits
for migratory game bird species on reservations and ceded territories.
When the August 22, 2017, proposed rule (82 FR 39716) is finalized,
that rule will replace this interim final rule. The new final rule may
have extended dates, different bag limits, and other provisions
compared to this interim final rule.
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).
Required Determinations
Executive Order 13771--Reducing Regulation and Controlling Regulatory
Costs
This action is not subject to Executive Order (E.O.) 13771 (82 FR
9339, February 3, 2017) because it is issued with respect to routine
hunting and fishing activities.
National Environmental Policy Act (NEPA) Consideration
The programmatic document, ``Second Final Supplemental
Environmental Impact Statement: Issuance of Annual Regulations
Permitting the Sport Hunting of Migratory Birds (EIS 20130139),'' filed
with the Environmental Protection Agency (EPA) on May 24, 2013,
addresses NEPA compliance by the Service for issuance of the annual
framework regulations for hunting of migratory game bird species. We
published a notice of availability in the Federal Register on May 31,
2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR
45376). We also address NEPA compliance for waterfowl hunting
frameworks through the annual preparation of separate environmental
assessments, the most recent being ``Duck Hunting Regulations for 2017-
18,'' with its corresponding April 7, 2017, finding of no significant
impact. The programmatic document, as well as the separate
environmental assessments, is available on our Web site at https://www.fws.gov/birds/index.php or from the address indicated under the
caption FOR FURTHER INFORMATION CONTACT.
Endangered Species Act Consideration
Section 7 of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.), provides that, ``The Secretary shall review other
programs administered by him and utilize such programs in furtherance
of the purposes of this Act'' (and) shall ``insure that any action
authorized, funded, or carried out * * * is not likely to jeopardize
the continued existence of any endangered species or threatened species
or result in the destruction or adverse modification of [critical]
habitat. * * *.'' Consequently, we conducted formal consultations to
ensure that actions resulting from the annual migratory game bird
hunting regulations, which includes the tribal hunting process, would
not likely jeopardize the continued existence of endangered or
threatened species or result in the destruction or adverse modification
of their critical habitat. Findings from these consultations are
included in a biological opinion, which concluded
[[Page 41346]]
that the regulations are not likely to jeopardize the continued
existence of any endangered or threatened species. Our biological
opinions resulting from this section 7 consultation are public
documents available for public inspection at the address indicated
under ADDRESSES.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
E.O. 12866 provides that the Office of Information and Regulatory
Affairs (OIRA) will review all significant rules. OIRA has determined
that the annual migratory bird hunting regulations, of which this rule
is one part, are significant because these regulations have an annual
effect of $100 million or more on the economy.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We will develop our final rule in a manner
consistent with these requirements.
An economic analysis was prepared for the 2013-14 season. This
analysis was based on data from the 2011 National Hunting and Fishing
Survey, the most recent year for which data are available (see
discussion in Regulatory Flexibility Act section below). We used this
analysis again for the 2017-18 season. This analysis estimated consumer
surplus for three alternatives for duck hunting (estimates for other
species are not quantified due to lack of data). The alternatives are
(1) issue restrictive regulations allowing fewer days than those issued
during the 2012-13 season, (2) issue moderate regulations allowing more
days than those in alternative 1, and (3) issue liberal regulations
identical to the regulations in the 2012-13 season. For the 2013-14
season, we chose Alternative 3, with an estimated consumer surplus
across all flyways of $317.8-$416.8 million. We also chose alternative
3 for the 2009-10, the 2010-11, the 2011-12, the 2012-13, the 2014-15,
the 2015-16, the 2016-17, and the 2017-18 seasons. The 2013-14 analysis
is part of the record for this rule and is available at https://www.regulations.gov at Docket No. FWS-HQ-MB-2016-0051.
Regulatory Flexibility Act
The annual migratory bird hunting regulations have a significant
economic impact on substantial numbers of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the
economic impacts of the annual hunting regulations on small business
entities in detail as part of the 1981 cost-benefit analysis. This
analysis was revised annually from 1990-95. In 1995, the Service issued
a Small Entity Flexibility Analysis (Analysis), which was subsequently
updated in 1996, 1998, 2004, 2008, and 2013. The primary source of
information about hunter expenditures for migratory game bird hunting
is the National Hunting and Fishing Survey, which is conducted at 5-
year intervals. The 2013 Analysis was based on the 2011 National
Hunting and Fishing Survey and the U.S. Department of Commerce's County
Business Patterns, from which it was estimated that migratory bird
hunters would spend approximately $1.5 billion at small businesses in
2013. Copies of the Analysis are available upon request from the
Division of Migratory Bird Management (see FOR FURTHER INFORMATION
CONTACT) or from https://www.regulations.gov at Docket No. FWS-HQ-MB-
2016-0051.
Small Business Regulatory Enforcement Fairness Act
This final rule is a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. For the reasons outlined
above, this rule is part of a larger rulemaking effort that would have
an annual effect on the economy of $100 million or more. However,
because this rule establishes hunting seasons, we do not plan to defer
the effective date under the exemption contained in 5 U.S.C. 808(1).
Paperwork Reduction Act
This rule does not contain any new information collection that
requires approval under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). We may not conduct or sponsor and you are not required
to respond to a collection of information unless it displays a
currently valid Office of Management and Budget (OMB) control number.
OMB has reviewed and approved the information collection requirements
associated with migratory bird surveys and assigned the following OMB
control numbers:
1018-0019--North American Woodcock Singing Ground Survey
(expires 5/31/2018).
1018-0023--Migratory Bird Surveys (expires 8/31/2020).
Includes Migratory Bird Harvest Information Program, Migratory Bird
Hunter Surveys, Sandhill Crane Survey, and Parts Collection Survey.
Unfunded Mandates Reform Act
We have determined and certify, in compliance with the requirements
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking would not impose a cost of $100 million or more in any given
year on local or State government or private entities. Therefore, this
rule is not a ``significant regulatory action'' under the Unfunded
Mandates Reform Act.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this rule, has determined that this
rule will not unduly burden the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2) of E.O. 12988.
Takings Implication Assessment
In accordance with E.O. 12630, this rule, authorized by the
Migratory Bird Treaty Act, does not have significant takings
implications and does not affect any constitutionally protected
property rights. This rule would not result in the physical occupancy
of property, the physical invasion of property, or the regulatory
taking of any property. In fact, this rule would allow hunters to
exercise otherwise unavailable privileges and, therefore, reduce
restrictions on the use of private and public property.
Energy Effects--Executive Order 13211
E.O. 13211 requires agencies to prepare Statements of Energy
Effects when undertaking certain actions. While this rule is a
significant regulatory action under E.O. 12866, it is not expected to
adversely affect energy supplies, distribution, or use. Therefore, this
action is not a significant energy action and no Statement of Energy
Effects is required.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2, we have
evaluated possible effects on Federally recognized Indian tribes. This
rulemaking process is collaborative with
[[Page 41347]]
the Tribes, and we will continue to consult with the Tribes when we
finalize the August 22 proposed rule.
Federalism Effects
Due to the migratory nature of certain species of birds, the
Federal Government has been given responsibility over these species by
the Migratory Bird Treaty Act. We annually prescribe frameworks from
which the States make selections regarding the hunting of migratory
birds, and we employ guidelines to establish special regulations on
Federal Indian reservations and ceded lands. This process preserves the
ability of the States and tribes to determine which seasons meet their
individual needs. Any State or Indian tribe may be more restrictive
than the Federal frameworks at any time. The frameworks are developed
in a cooperative process with the States and the Flyway Councils. This
process allows States to participate in the development of frameworks
from which they will make selections, thereby having an influence on
their own regulations. These rules do not have a substantial direct
effect on fiscal capacity, change the roles or responsibilities of
Federal or State governments, or intrude on State policy or
administration. Therefore, in accordance with E.O. 13132, these
regulations do not have significant federalism effects and do not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Need for Interim Final Rule
The rulemaking process for migratory game bird hunting must, by its
nature, operate under severe time constraints. Because of changes in
the process for this season's rules, publication of the August 22,
2017, proposed rule (82 FR 39716) was delayed, requiring publication of
this interim final rule.
The August 22, 2017, proposed rule provides the public the
opportunity to comment. The public, having commented on last year's
final rule (81 FR 62404; September 9, 2016) and other previous final
rules, also had an opportunity to comment on the substance of the
current interim final rule, and we addressed the nine comments received
in the 2016 final rule. Furthermore, these tribal regulations have
generally been similar the past several years, and with no significant
controversy from the public.
It would be impracticable to finalize the August 22 proposed rule
by September 1. But without this interim rule, the hunting of migratory
birds on ceded and reservation lands during the normal fall seasons,
which in some cases begin on September 1 each year, would be in
violation of the MBTA. To respect the various Tribal treaties between
the Tribal nations and the United States that allow for the treaty
right to hunt waterfowl on these ceded lands, either for their cultural
or religious exercise, sustenance, and/or materials for cultural use
(e.g., handicraft), the Department finds that it is in the public
interest to publish this interim final rule. The Administrative
Procedure Act under 5 U.S.C. 553(b)(B) allows an agency to make a rule
effective immediately for good cause if ``impracticable, unnecessary,
or contrary to the public interest.'' We find that undertaking the
notice-and-comment procedures prior to making this rule effective is
impracticable, unnecessary, and contrary to the public interest, and
therefore the ``good cause'' exception under 5 U.S.C. 553(b)(B)
applies.
In addition, we have good cause to waive the standard 30-day
effective date for this interim final rule consistent with section
553(d)(3) of the Administrative Procedure Act, and this rule will,
therefore, take effect immediately upon publication. This rule relieves
a restriction, as just described. Delaying the effective date for 30
days would have detrimental effects on individuals seeking to hunt on
ceded and reservation lands during the seasons that in some cases begin
September 1 and on the businesses that support this activity.
Moreover, in the proposed rule that published in the Federal
Register on August 22, 2017 (82 FR 39716), we proposed changes to the
regulations in 50 CFR 20.110 that would establish in most cases
substantially similar season opening and closing dates that are set
forth in this interim rule. The proposed regulatory revisions are the
result of a collaborative process between the Service and the Tribes.
As described earlier in SUPPLEMENTARY INFORMATION and as set forth in
DATES, comments are due on the proposed rule by September 21, 2017.
Following our consideration of the comments received, we will issue a
final rule that will replace the regulatory provisions in this interim
rule.
Public Comments Solicited
We invite interested persons to submit written comments,
suggestions, or recommendations regarding the interim final rule during
the comment period for our proposed special migratory bird hunting
regulations for the 2017-18 hunting season for certain Indian tribes,
published August 22, 2017, in the Federal Register (82 FR 39716).
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 or this interim final rule.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We will not accept
comments sent by email or fax. We will not consider hand-delivered
comments that we do not receive, or mailed comments that are not
postmarked, by September 21, 2017. 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 interim final rule and the
August 22, 2017, proposed rule (82 FR 39716), will be available for
public inspection on https://www.regulations.gov, or by appointment,
during normal business hours, at the U.S. Fish and Wildlife Service,
Division of Migratory Bird Management, 5275 Leesburg Pike, Falls
Church, VA 22041-3803. We will consider, but possibly may not respond
in detail to, each comment. As in the past, we will summarize all
comments we receive during the comment period and respond to them after
the closing date in the preambles of any final rules.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Regulation Promulgation
Accordingly, for the reasons set forth above, we amend part 20,
subchapter B, chapter I of title 50 of the Code of Federal Regulations
as follows:
PART 20--MIGRATORY BIRD HUNTING
0
1. The authority citation for part 20 continues to read as follows:
Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C.
703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j;
[[Page 41348]]
Pub. L. 106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.
(Note: The following hunting regulations provided for by 50 CFR
20.110 will not appear in the Code of Federal Regulations because of
their seasonal nature.)
0
2. Section 20.110 is revised to read as follows:
Sec. 20.110 Seasons, limits, and other regulations for certain
Federal Indian reservations, Indian Territory, and ceded lands.
Unless specifically provided for below, all of the regulations
contained in 50 CFR part 20 apply to the seasons listed herein.
(a) [Reserved.]
(b) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Tribal Members and Nontribal Hunters).
Tribal Members Only
Ducks (Including Mergansers)
Season Dates: Open September 1, 2017, through March 9, 2018.
Daily Bag and Possession Limits: The Tribe does not have specific
bag and possession restrictions for Tribal members. The season on
harlequin duck is closed.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
Nontribal Hunters
Ducks (Including Mergansers)
Season Dates: Open September 30, 2017, through January 7, 2018, and
open January 13 through 17, 2018.
Scaup
Season Dates: Open September 30 through December 24, 2017.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, three scaup (when open), two
canvasback, and two redheads. The possession limit is three times the
daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 and 25, respectively.
Geese
Dark Geese
Season Dates: Open September 30, 2017, through January 7, 2018, and
open January 13 through 17, 2018.
Daily Bag and Possession Limits: 4 and 12, respectively.
Light Geese
Season Dates: Same as for dark geese.
Daily Bag and Possession Limits: 20 and 60, respectively.
General Conditions: Tribal and nontribal hunters must comply with
all basic Federal migratory bird hunting regulations contained in 50
CFR part 20 regarding manner of taking. In addition, shooting hours are
one-half hour before sunrise to one-half hour after sunset, and each
waterfowl hunter 16 years of age or older must carry on his/her person
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face. Special regulations established by
the Confederated Salish and Kootenai Tribes also apply on the
reservation.
(c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only).
Ducks
1854 and 1837 Ceded Territories
Season Dates: Begin September 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.
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
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.
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
1854 and 1837 Ceded Territories
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 20 geese.
Reservation
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 20 geese.
Coots and Common Moorhens (Common Gallinules)
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.
Reservation
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Sandhill Cranes: 1854 and 1837 Ceded Territories
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: Two sandhill cranes. Crane carcass tags are
required prior to hunting.
Sora and Virginia Rails
All Areas
Season Dates: Begin September 1 and end November 30, 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 Doves
All Areas
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 30 mourning doves.
General Conditions
1. While hunting waterfowl, a tribal member must carry on his/her
person a valid Ceded Territory License.
2. Shooting hours for migratory birds are one-half hour before
sunrise to one-half hour after sunset.
[[Page 41349]]
3. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
provisions of Chapter 10 of the Model Off-Reservation Code. Except as
modified by the Service rules adopted in response to this proposal,
these amended regulations parallel Federal requirements in 50 CFR part
20 as to hunting methods, transportation, sale, exportation, and other
conditions generally applicable to migratory bird hunting.
4. Band members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
5. There are no possession limits for migratory birds. For purposes
of enforcing bag limits, all migratory birds in the possession or
custody of band members on ceded lands will be considered to have been
taken on those lands unless tagged by a tribal or State conservation
warden as having been taken on-reservation. All migratory birds that
fall on reservation lands will not count as part of any off-reservation
bag or possession limit.
(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons
Bay, Michigan (Tribal Members Only).
Ducks
Season Dates: Open September 1, 2017, through January 20, 2018.
Daily Bag Limit: 25 ducks, which may include no more than 6
pintail, 4 canvasback, 6 black ducks, 1 hooded merganser, 6 wood ducks,
5 redheads, and 12 mallards (only 6 of which may be hens).
Canada and Snow Geese
Season Dates: Open September 1, 2017, through February 15, 2018.
Daily Bag Limit: 10 geese.
Other Geese (White-Fronted Geese and Brant)
Season Dates: Open September 20 through December 30, 2017.
Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and Woodcock
Season Dates: Open September 1 through November 14, 2017.
Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.
Mourning Doves
Season Dates: Open September 1 through November 14, 2017.
Daily Bag Limit: 10 mourning doves.
Sandhill Crane
Season Dates: Open September 1 through November 14, 2017.
Daily Bag Limit: Two sandhill cranes, with a season limit of six.
General Conditions: A valid Grand Traverse Band Tribal license is
required and must be in possession before taking any wildlife. Shooting
hours for migratory birds are one-half hour before sunrise to one-half
hour after sunset. All other basic regulations contained in 50 CFR part
20 are valid. Other tribal regulations apply, and may be obtained at
the tribal office in Suttons Bay, Michigan.
(e) Great Lakes Indian Fish and Wildlife Commission, Odanah,
Wisconsin (Tribal Members Only).
The 2017-18 waterfowl hunting season regulations apply to all
treaty areas (except where noted):
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
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.
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.
Common Snipe
Season Dates: Begin September 1 and end December 31, 2017.
Daily Bag Limit: 16 common snipe.
Woodcock
Season Dates: Begin September 6 and end December 31, 2017.
Daily Bag Limit: 10 woodcock.
Mourning Dove: 1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and end November 29, 2017.
Daily Bag Limit: 15 mourning doves.
Sandhill Cranes: 1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and end December 31, 2017.
Daily Bag Limit: 2 cranes.
Swans: 1837 and 1842 Ceded Territories Only
Season Dates: Begin November 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 are required to obtain a valid tribal
waterfowl hunting permit.
B. Except as otherwise noted, tribal members are required to comply
with tribal codes that are no less restrictive than the model ceded
territory conservation codes approved by Federal courts in the Lac
Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs Band v.
State of Minnesota cases. Chapter 10 in each of these model codes
regulates ceded territory migratory bird hunting. Both versions of
Chapter 10 parallel Federal requirements as to hunting methods,
transportation, sale, exportation, and other conditions generally
applicable to migratory bird hunting. They also automatically
incorporate by reference the Federal migratory bird regulations.
C. Particular regulations of note include:
1. Nontoxic shot is required for all waterfowl hunting by tribal
members.
2. Tribal members in each zone must comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
3. There are no possession limits, with the exception of 2 swans
(in the aggregate) and 25 rails (in the aggregate). For purposes of
enforcing bag limits, all migratory birds in the possession and custody
of tribal members on ceded lands are considered to have been taken on
those lands unless tagged by a tribal or State conservation warden as
taken on reservation lands. All migratory birds that fall on
reservation lands do not
[[Page 41350]]
count as part of any off-reservation bag or possession limit.
4. The baiting restrictions included in the respective section
10.05(2)(h) of the model ceded territory conservation codes will be
amended to include language which parallels that in place for nontribal
members as published at 64 FR 29799, June 3, 1999.
5. There are no shell limit restrictions.
6. Hunting hours are from 30 minutes before sunrise to 30 minutes
after sunset.
(f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce,
New Mexico (Tribal Members and Nontribal Hunters).
Ducks (Including Mergansers)
Season Dates: Open October 14 through November 30, 2017.
Daily Bag and Possession Limits: The daily bag limit is seven,
including no more than two hen mallards, one pintail, two redheads, two
canvasback, and three scaup. The possession limit is three times the
daily bag limit.
Canada Geese
Season Dates: Open October 14 through November 30, 2017.
Daily Bag and Possession Limits: Two and six, respectively.
General Conditions: Tribal and nontribal hunters must comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or older must carry on his/her person
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face. Special regulations established by
the Jicarilla Tribe also apply on the reservation.
(g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters).
Nontribal Hunters on Reservation
Geese
Season Dates: Open September 9 through September 10, 2017; open
September 16 through September 17, 2017; and open October 1, 2017,
through January 8, 2018. During these periods, days to be hunted are
specified by the Kalispel Tribe. Nontribal hunters should contact the
Tribe for more detail on hunting days.
Daily Bag and Possession Limits: 5 Canada geese for the early
season, and 3 light geese and 4 dark geese, for the late season. The
daily bag limit is 2 brant (when the State's season is open) and is in
addition to dark goose limits for the late-season. The possession limit
is twice the daily bag limit.
Ducks
Season Dates: Open September 23 through September 24, 2017; open
September 19 through September 30, 2017; and open October 1, 2017,
through January 8, 2018. During these periods, days to be hunted are
specified by the Kalispel Tribe. Nontribal hunters should contact the
Tribe for more detail on hunting days.
Scaup
Season Dates: Open September 23 through December 17, 2017.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 1 pintail, 1 canvasback, 3 scaup (when open), and 2
redheads. The possession limit is twice the daily bag limit.
Tribal Hunters Within Kalispel Ceded Lands
Ducks
Season Dates: Open October 10, 2017, through January 31, 2018.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 2 pintail, 1 canvasback, 3 scaup, and 2 redheads. The
possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 10, 2017, through January 31, 2016.
Daily Bag Limit: 6 light geese and 4 dark geese. The daily bag
limit is 2 brant and is in addition to dark goose limits.
General: Tribal members must possess a validated Migratory Bird
Hunting and Conservation Stamp and a tribal ceded lands permit.
(h) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only).
Ducks
Season Dates: Open October 7, 2017, through January 31, 2018.
Daily Bag and Possession Limits: 9 and 18 ducks, respectively.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 9 and 18 coots, respectively.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 9 and 18 geese, respectively.
General Conditions: The Klamath Tribe provides its game management
officers, biologists, and wildlife technicians with regulatory
enforcement authority, and has a court system with judges that hear
cases and set fines. Nontoxic shot is required. Shooting hours are one-
half hour before sunrise to one-half hour after sunset.
(i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only).
Ducks
Season Dates: Open September 16 through December 31, 2017.
Daily Bag Limits: 10 ducks, including no more than 5 pintail, 5
canvasback, and 5 black ducks.
Geese
Season Dates: Open September 1 through December 31, 2017.
Daily Bag Limits: 10 geese.
General: Possession limits are twice the daily bag limits. Shooting
hours are one-half hour before sunrise to one-half hour after sunset.
Nontoxic shot is required. Use of live decoys, bait, and commercial use
of migratory birds are prohibited. Waterfowl may not be pursued or
taken while using motorized craft.
(j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only).
1836 Ceded Territory and Tribal Reservation
Ducks
Season Dates: Open September 9, 2017, through January 26, 2018.
Daily Bag Limits: 12 ducks, including no more than 6 mallards (2 of
which may be hens), 3 black ducks, 3 redheads, 3 wood ducks, 2 pintail,
1 hooded merganser, and 2 canvasback.
Canada Geese
Season Dates: Open September 1, 2017, through February 4, 2018.
Daily Bag Limit: Five.
White-Fronted Geese, Brant, and Snow Geese
Season Dates: Open September 8 through December 10, 2017.
Daily Bag Limit: Five.
Woodcock, Mourning Doves, Snipe, and Sora and Virginia Rails
Season Dates: Open September 1 through November 12, 2017.
Daily Bag Limit: 5 woodcock and 10 each of the other species.
General conditions are as follows:
A. All tribal members will be required to obtain a valid tribal
resource card and 2016-17 hunting license.
B. Except as modified by the Service rules adopted in response to
this proposal, these amended regulations parallel all Federal
regulations contained in 50 CFR part 20. Shooting hours will be from
one-half hour before sunrise to sunset.
C. Particular regulations of note include:
[[Page 41351]]
(1) Nontoxic shot will be required for all waterfowl hunting by
tribal members.
(2) Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
D. Tribal members hunting in Michigan will comply with tribal codes
that contain provisions parallel to Michigan law regarding duck blinds
and decoys.
E. Possession limits are twice the daily bag limits.
(k) The Little Traverse Bay Bands of Odawa Indians, Petoskey,
Michigan (Tribal Members Only).
Ducks
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limits: 20 ducks, including no more than 5 hen mallards,
5 black ducks, 5 redheads, 5 wood ducks, 5 pintail, 5 scaup, and 5
canvasback.
Mergansers
Season Dates: Open September 15, 2017, through January 31, 2018.
Daily Bag Limits: 10 mergansers, including no more than 5 hooded
mergansers.
Coots and Gallinules
Season Dates: Open September 15 through December 31, 2017.
Daily Bag Limit: 20.
Canada Geese
Season Dates: Open September 1, 2017, through February 8, 2018.
Daily Bag Limit: 20 in the aggregate.
Sora and Virginia Rails
Season Dates: Open September 1 through December 31, 2017.
Daily Bag Limit: 20.
Snipe
Season Dates: Open September 1 through December 31, 2017.
Daily Bag Limit: 16.
Mourning Doves
Season Dates: Open September 1 through November 14, 2017.
Daily Bag Limit: 15.
Woodcock
Season Dates: Open September 1 through December 1, 2017.
Daily Bag Limit: 10.
Sandhill Cranes
Season Dates: Open September 1 through December 1, 2017.
Daily Bag Limit: 1.
General: Possession limits are twice the daily bag limits.
(l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters).
Tribal Members
Ducks, Mergansers, and Coots
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: Six ducks, including no more than
two hen mallards and five mallards total, two pintail, two redheads,
two canvasback, three wood ducks, three scaup, two bonus teal during
the first 16 days of the season, and one mottled duck. Coot daily bag
limit is 15. Merganser daily bag limit is five, including no more than
two hooded mergansers. The possession limit is three times the daily
bag limit.
Canada Geese
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: 6 and 18, respectively.
White-Fronted Geese
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: Two and six, respectively.
Light Geese
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag Limit: 20.
Nontribal Hunters
Ducks (Including Mergansers and Coots)
Season Dates: Open October 7, 2017, through January 11, 2018.
Daily Bag and Possession Limits: Six ducks, including five mallards
(no more of which can be two hen mallards), three scaup, two
canvasback, two redheads, three wood ducks, one mottled duck, and one
pintail. Coot daily bag limit is 15. Merganser daily bag limit is five,
including no more than two hooded mergansers. The possession limit is
three times the daily bag limit.
Canada Geese
Season Dates: Open October 28, 2017, through February 11, 2018.
Daily Bag and Possession Limits: 6 and 18, respectively.
White-fronted Geese
Season Dates: Open October 28, 2017, through January 23, 2018.
Daily Bag and Possession Limits: Two and six, respectively.
Light Geese
Season Dates: Open October 28, 2017, through February 11, 2018.
Daily Bag and Possession Limits: 50 and no possession limit.
General Conditions: All hunters must comply with the basic Federal
migratory bird hunting regulations in 50 CFR part 20, including the use
of steel shot and shooting hours. Nontribal hunters must possess a
validated Migratory Bird Hunting and Conservation Stamp. The Lower
Brule Sioux Tribe has an official Conservation Code that hunters must
adhere to when hunting in areas subject to control by the Tribe.
(m) [Reserved.]
(n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members).
Band-Tailed Pigeons
Season Dates: Open September 22 through October 23, 2017.
Daily Bag Limit: Two band-tailed pigeons.
Ducks and Coots
Season Dates: Open September 23, 2017, through January 28, 2018.
Daily Bag Limit: Seven ducks including no more than five mallards
(only two of which can be a hen), one redhead, one pintail, three
scaup, and one canvasback. The seasons on wood duck and harlequin are
closed. The coot daily bag limit is 25.
Geese
Season Dates: Open September 23, 2017, through January 28, 2018.
Daily Bag Limit: Four, including no more than one brant. The
seasons on Aleutian and dusky Canada geese are closed.
General Conditions
All other Federal regulations contained in 50 CFR part 20 apply.
The following restrictions also apply:
1. As per Makah Ordinance 44, only shotguns may be used to hunt any
species of waterfowl. Additionally, shotguns must not be discharged
within 0.25 miles of an occupied area.
2. Hunters must be eligible, enrolled Makah tribal members and must
carry their Indian Treaty Fishing and Hunting Identification Card while
hunting. No tags or permits are required to hunt waterfowl.
3. The Cape Flattery area is open to waterfowl hunting, except in
designated wilderness areas, or within 1 mile of Cape Flattery Trail,
or in any area that is closed to hunting by another ordinance or
regulation.
4. The use of live decoys and/or baiting to pursue any species of
waterfowl is prohibited.
[[Page 41352]]
5. Steel or bismuth shot only for waterfowl is allowed; the use of
lead shot is prohibited.
6. The use of dogs is permitted to hunt waterfowl.
7. Shooting hours for all species of waterfowl are one-half hour
before sunrise to sunset.
8. Open hunting areas are: GMUs 601 (Hoko), a portion of the 602
(Dickey) encompassing the area north of a line between Norwegian
Memorial and east to Highway 101, and 603 (Pysht).
(o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
(Tribal Members and Nontribal Hunters).
Band-Tailed Pigeons
Season Dates: Open September 1 through September 30, 2017.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1 through September 30, 2017.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks (Including Mergansers and Coots)
Season Dates: Open September 23, 2017, through January 7, 2018.
Scaup
Season Dates: Open September 23 through December 17, 2017.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one mottled duck, two canvasback, three scaup
(when open), two redheads, and one pintail. Coot daily bag limit is 25.
Merganser daily bag limit is seven. The possession limit is three times
the daily bag limit.
Canada Geese
Season Dates: Open September 23, 2017, through January 7, 2018.
Daily Bag and Possession Limits: 4 and 12, respectively.
General Conditions: Tribal and nontribal hunters will comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20,
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed
in ink across the face. Special regulations established by the Navajo
Nation also apply on the reservation.
(p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members Only).
Ducks (Including Mergansers)
Season Dates: Open September 16 through December 3, 2017.
Daily Bag and Possession Limits: Six, including no more than six
mallards (three hen mallards), six wood ducks, one redhead, two
pintail, and one hooded merganser. The possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 1 through December 31, 2017.
Daily Bag and Possession Limits: 5 Canada geese with a possession
limit of 10. A seasonal quota of 500 birds is adopted. If the quota is
reached before the season concludes, the season will be closed at that
time.
Woodcock
Season Dates: Open September 3 through November 6, 2017.
Daily Bag and Possession Limits: Two and four woodcock,
respectively.
Doves
Season Dates: Open September 2 through November 5, 2017.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General Conditions: Tribal member shooting hours are one-half hour
before sunrise to one-half hour after sunset. Nontribal members hunting
on the Reservation or on lands under the jurisdiction of the Tribe must
comply with all State of Wisconsin regulations, including season dates,
shooting hours, and bag limits, which differ from tribal member
seasons. Tribal members and nontribal members hunting on the
Reservation or on lands under the jurisdiction of the Tribe will
observe all basic Federal migratory bird hunting regulations found in
50 CFR part 20, with the following exceptions: Tribal members are
exempt from the purchase of the Migratory Waterfowl Hunting and
Conservation Stamp (Duck Stamp); and shotgun capacity is not limited to
three shells.
(q) Point No Point Treaty Council, Kingston, Washington (Tribal
Members Only).
Jamestown S'Klallam Tribe
Ducks
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, four scoters, and
two redheads. Possession limit is twice the daily bag limit. Bag and
possession limits for harlequin ducks is one per season.
Geese
Season Dates: Open September 9, 2017, through March 10, 2018.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The season on dusky Canada geese is
closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open January 10 through January 25, 2018.
Daily Bag and Possession Limits: Two and four, respectively.
Coots
Season Dates: Open September 13, 2017, through February 1, 2018.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 13, 2017, through January 18, 2018.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 13, 2017, through March 10, 2018.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeons
Season Dates: Open September 13, 2017, through January 18, 2018.
Daily Bag and Possession Limits: Two and four pigeons,
respectively.
Port Gamble S'Klallam Tribe
Ducks
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, four scoters, and
two redheads. Possession limit is twice the daily bag limit. Bag and
possession limits for harlequin ducks is one per season.
Geese
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The season on dusky Canada geese is
closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open November 9, 2017, through January 31, 2018.
Daily Bag and Possession Limits: Two and four, respectively.
Coots
Season Dates: Open September 1, 2017, through March 10, 2018.
[[Page 41353]]
Daily Bag and Possession Limits: 7 and 14 coots, respectively.
Mourning Doves
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeons
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: Two and four pigeons,
respectively.
General: Tribal members must possess a tribal hunting permit from
the Point No Point Tribal Council pursuant to tribal law. Hunting hours
are from one-half hour before sunrise to sunset. Hunters must observe
all other basic Federal migratory bird hunting regulations in 50 CFR
part 20.
(r) The Saginaw Chippewa Indian Tribe of Michigan, Isabella
Reservation, Mt. Pleasant, Michigan (Tribal Members Only).
Mourning Doves
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limit: 25 doves.
Ducks
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limits: 20, including no more than 5 hen mallards, 5 wood
ducks, 5 black ducks, 5 pintail, 5 redhead, 5 scaup, and 5 canvasback.
Mergansers
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limit: 10, including no more than 5 hooded mergansers.
Canada Geese
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limits: 16.
Sora and Virginia Rails
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limits: 20 in the aggregate.
Sandhill Crane
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limits: One.
General: Possession limits are twice the daily bag limits except
for rails, of which the possession limit equals the daily bag limit
(20). Tribal members must possess a tribal hunting permit from the
Sault Ste. Marie Tribe pursuant to tribal law. Shooting hours are one-
half hour before sunrise until one-half hour after sunset. Hunters must
observe all other basic Federal migratory bird hunting regulations in
50 CFR part 20.
(s) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie,
Michigan (Tribal Members Only).
Mourning Doves
Season Dates: Open September 1 through November 14, 2017.
Daily Bag Limit: 10 doves.
Teal
Season Dates: Open September 1 through December 31, 2017.
Daily Bag Limits: 20 in the aggregate.
Ducks
Season Dates: Open September 15 through December 31, 2017.
Daily Bag Limits: 20, including no more than 10 mallards (only 5 of
which may be hens), 5 canvasback, 5 black duck, and 5 wood duck.
Mergansers
Season Dates: Open September 15 through December 31, 2017.
Daily Bag Limit: 10 in the aggregate.
Geese
Season Dates: Open September 1 through December 31, 2017.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1 through December 31, 2017.
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open September 2 through December 1, 2017.
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open September 15 through December 31, 2017.
Daily Bag Limits: 16.
Sora and Virginia Rails
Season Dates: Open September 1 through December 31, 2017.
Daily Bag Limits: 20 in the aggregate.
General: Possession limits are twice the daily bag limits except
for rails, of which the possession limit equals the daily bag limit
(20). Tribal members must possess a tribal hunting permit from the
Sault Ste. Marie Tribe pursuant to tribal law. Shooting hours are one-
half hour before sunrise until one-half hour after sunset. Hunters must
observe all other basic Federal migratory bird hunting regulations in
50 CFR part 20.
(t) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort
Hall, Idaho (Nontribal Hunters).
Ducks, Including Scaup
Duck Season Dates: Open October 7, 2017, through January 19, 2018.
Scaup Season Dates: Open October 7, 2017, through December 31,
2018.
Daily Bag and Possession Limits: Seven ducks and mergansers,
including no more than two hen mallards, one pintail, three scaup, two
canvasback, and two redheads. The possession limit is three times the
daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots. The possession limit is
three times the daily bag limit.
Common Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 8 and 24 snipe, respectively.
Canada Geese
Season Dates: Open October 7, 2017, through January 19, 2018.
Daily Bag and Possession Limits: 4 and 12, respectively.
White-Fronted Geese
Season Dates: Open October 7, 2017, through January 19, 2018.
Daily Bag and Possession Limits: 10 and 30, respectively.
Light Geese
Season Dates: Open October 7, 2017, through January 19, 2018.
Daily Bag and Possession Limits: 20 and 60, respectively
General Conditions: Nontribal hunters must comply with all basic
Federal migratory bird hunting regulations in 50 CFR part 20 regarding
shooting hours and manner of taking. In addition, each waterfowl hunter
16 years of age or older must possess a valid Migratory Bird Hunting
and Conservation Stamp (Duck Stamp) signed in ink across the stamp
face. Other regulations
[[Page 41354]]
established by the Shoshone-Bannock Tribes also apply on the
reservation.
(u) [Reserved.]
(v) Spokane Tribe of Indians, Spokane Indian Reservation and Ceded
Lands, Wellpinit, Washington (Tribal Members Only).
Ducks
Season Dates: Open September 2, 2017, through January 31, 2018.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, two pintail, two canvasback, three scaup, and
two redheads. Possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 2, 2017, through January 31, 2018.
Daily Bag and Possession Limits: Four dark geese and six light
geese. Possession limit is twice the daily bag limit.
General Conditions: All tribal hunters must have a valid Tribal
identification card on his or her person while hunting. Shooting hours
are one-half hour before sunrise to sunset, and steel shot is required
for all migratory bird hunting. Hunters must observe all other basic
Federal migratory bird hunting regulations in 50 CFR part 20.
(w) [Reserved.]
(x) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal
Members Only).
Common Snipe
Season Dates: Open October 1, 2017, through January 31, 2018.
Daily Bag and Possession Limits: 10 and 30, respectively.
Ducks
Season Dates: Open October 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: 10 ducks. The possession limit is
three times the daily bag limit.
Coots
Season Dates: Open October 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: 25 coots. The possession limit is
three times the daily bag limit.
Geese
Season Dates: Open October 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: 6 and 18, respectively. The season
on brant is closed.
General Conditions: Tribal members hunting on lands will observe
all basic Federal migratory bird hunting regulations found in 50 CFR
part 20, which will be enforced by the Stillaguamish Tribal Law
Enforcement. Tribal members are required to use steel shot or a
nontoxic shot as required by Federal regulations.
(y) Swinomish Indian Tribal Community, LaConner, Washington (Tribal
Members Only).
Ceded Territory and Swinomish Reservation
Ducks and Mergansers
Season Dates: Open September 1, 2017, through March 9, 2018.
Daily Bag and Possession Limits: 20 and 40, respectively.
Canada Geese
Season Dates: Open September 1, 2017, through March 9, 2018.
Daily Bag and Possession Limits: 10 and 20 geese, respectively.
Brant
Season Dates: Open September 1, 2017, through March 9, 2018.
Daily Bag and Possession Limits: 5 and 10 brant, respectively.
Coots
Season Dates: Open September 1, 2017, through March 9, 2018.
Daily Bag and Possession Limits: 25 and 75 coots, respectively.
Mourning Dove
Season Dates: Open September 1, 2017, through March 9, 2018.
Daily Bag and Possession Limits: 15 and 30 mourning dove,
respectively.
Band-Tailed Pigeon
Season Dates: Open September 1, 2017, through March 9, 2018.
Daily Bag and Possession Limits: Three and six band-tailed pigeon,
respectively.
(z) The Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members Only).
Ducks and Mergansers
Season Dates: Open September 3, 2017, through February 28, 2018.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, two canvasback, three scaup, and
two redheads. Possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 3, 2017, through February 28, 2018.
Daily Bag and Possession Limits: Seven geese, including no more
than four cackling and dusky Canada geese. Possession limit is twice
the daily bag limit.
Brant
Season Dates: Open September 3, 2017, through February 28, 2018.
Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
Season Dates: Open September 3, 2017, through February 28, 2018.
Daily Bag and Possession Limits: 25 and 25 coots, respectively.
Snipe
Season Dates: Open September 3, 2017, through February 28, 2018.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
General Conditions: All tribal hunters must have a valid Tribal
identification card on his or her person while hunting. All nontribal
hunters must obtain and possess while hunting a valid Tulalip Tribe
hunting permit and be accompanied by a Tulalip Tribal member. Shooting
hours are one-half hour before sunrise to sunset, and steel shot is
required for all migratory bird hunting. Hunters must observe all other
basic Federal migratory bird hunting regulations in 50 CFR part 20.
(aa) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only).
Mourning Doves
Season Dates: Open September 1 through December 31, 2017.
Daily Bag and Possession Limits: 12 and 15 mourning doves,
respectively.
Ducks
Season Dates: Open October 1, 2017, through February 28, 2018.
Daily Bag and Possession Limits: 15 and 20, respectively.
Coots
Season Dates: Open October 1, 2017, through February 15, 2018.
Daily Bag and Possession Limits: 20 and 30, respectively.
Geese
Season Dates: Open October 1, 2017, through February 28, 2018.
Daily Bag and Possession Limits: 7 and 10 geese, respectively.
Brant
Season Dates: Open November 1 through November 10, 2017.
Daily Bag and Possession Limits: Two and two, respectively.
General Conditions: Tribal members must have the tribal
identification and harvest report card on their person to hunt. Tribal
members hunting on the Reservation will observe all basic Federal
migratory bird hunting
[[Page 41355]]
regulations found in 50 CFR part 20, except shooting hours would be 15
minutes before official sunrise to 15 minutes after official sunset.
(bb) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only).
Teal
Season Dates: Open October 9, 2017, through February 17, 2018.
Daily Bag Limits: 10 teal.
Ducks
Season Dates: Open October 9, 2017, through February 17, 2018.
Daily Bag Limits: Six ducks, including no more than four hen
mallards, six black ducks, four mottled ducks, one fulvous whistling
duck, four mergansers, three scaup, two hooded merganser, three wood
ducks, one canvasback, two redheads, and two pintail. The season is
closed for harlequin ducks.
Sea Ducks
Season Dates: Open October 2, 2017, through February 17, 2018.
Daily Bag Limits: Seven ducks including no more than four of any
one species (only one of which may be a hen eider).
Woodcock
Season Dates: Open October 9 through November 25, 2017.
Daily Bag Limits: Three woodcock.
Canada Geese
Season Dates: Open September 4 through 16, 2017, and open October
23, 2017, through February 17, 2018.
Daily Bag Limits: Eight Canada geese.
Snow Geese
Season Dates: Open September 4 through 16, 2017, and open November
20, 2017, through February 17, 2018.
Daily Bag Limits: 15 snow geese.
Sora and Virginia Rails
Season Dates: Open September 4 through November 4, 2017.
Daily Bag Limits: 5 sora and 10 Virginia rails.
Snipe
Season Dates: Open September 4 through December 9, 2017.
Daily Bag Limits: Eight snipe.
General Conditions: Shooting hours are one-half hour before sunrise
to sunset. Nontoxic shot is required. All other basic Federal migratory
bird hunting regulations contained in 50 CFR part 20 will be observed.
(cc) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal
Members Only).
Ducks
Season Dates: Open September 9 through December 17, 2017.
Daily Bag Limit for Ducks: 10 ducks, including no more than 2
female mallards, 1 pintail, and 1 canvasback.
Mergansers
Season Dates: Open September 9 through December 17, 2017.
Daily Bag Limit for Mergansers: Five mergansers, including no more
than two hooded mergansers.
Geese
Season Dates: Open September 1 through December 17, 2017.
Daily Bag Limit: 12 geese through September 22, 2017, and 5
thereafter.
Coots
Season Dates: Open September 1 through November 30, 2017.
Daily Bag Limit: 20 coots.
Snipe
Season Dates: Open September 1 through November 30, 2017.
Daily Bag Limit: 10 snipe.
Mourning Dove
Season Dates: Open September 1 through November 30, 2017.
Daily Bag Limit: 25 mourning dove.
Woodcock
Season Dates: Open September 1 through November 30, 2017.
Daily Bag Limit: 10 woodcock.
Rail
Season Dates: Open September 1 through November 30, 2017.
Daily Bag Limit: 25 rail.
General Conditions: Shooting hours are one-half hour before sunrise
to one-half hour after sunset. Nontoxic shot is required. All other
basic Federal migratory bird hunting regulations contained in 50 CFR
part 20 will be observed.
(dd) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters).
Band-Tailed Pigeons (Wildlife Management Unit 10 and Areas South of Y-
70 and Y-10 in Wildlife Management Unit 7, Only)
Season Dates: Open September 1 through 15, 2017.
Daily Bag and Possession Limits: Three and six pigeons,
respectively.
Mourning Doves (Wildlife Management Unit 10 and Areas South of Y-70 and
Y-10 in Wildlife Management Unit 7, Only)
Season Dates: Open September 1 through 15, 2017.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks and Mergansers
Season Dates: Open October 14, 2017, through January 28, 2018.
Scaup
Season Dates: Open November 4, 2017, through January 28, 2018.
Daily Bag Limits: Seven including no more than two redheads, one
pintail, three scaup (when open), seven mallards (including no more
than two hen mallards), and two canvasback.
Possession Limits: Twice the daily bag limit.
Coots
Season Dates: Open October 15, 2017, through January 29, 2018.
Daily Bag and Possession Limits: 25 and 50, respectively.
Canada Geese
Season Dates: Open October 14, 2017, through January 28, 2018.
Daily Bag and Possession Limits: Three and six Canada geese,
respectively.
General Conditions: All nontribal hunters hunting band-tailed
pigeons and mourning doves on Reservation lands shall have in their
possession a valid White Mountain Apache Daily or Yearly Small Game
Permit. In addition to a small game permit, all nontribal hunters
hunting band-tailed pigeons must have in their possession a White
Mountain Special Band-tailed Pigeon Permit. Other special regulations
established by the White Mountain Apache Tribe apply on the
reservation. Tribal and nontribal hunters will comply with all basic
Federal migratory bird hunting regulations in 50 CFR part 20 regarding
shooting hours and manner of taking.
Dated: August 24, 2017.
Todd D. Willens,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-18401 Filed 8-30-17; 8:45 am]
BILLING CODE 4333-15-P