Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2018-19 Season, 23869-23883 [2018-10949]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Proposed Rules]
[Pages 23869-23883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10949]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-HQ-MB-2017-0028; FF09M21200-178-FXMB1231099BPP0]
RIN 1018-BB73


Migratory Bird Hunting; Proposed Migratory Bird Hunting 
Regulations on Certain Federal Indian Reservations and Ceded Lands for 
the 2018-19 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or 
we) proposes special migratory bird hunting regulations for certain 
Tribes on Federal Indian reservations, off-reservation trust lands, and 
ceded lands for the 2018-19 migratory bird hunting season.

DATES: You must submit comments on the proposed regulations by June 22, 
2018.

ADDRESSES: Comments: You may submit comments on the proposals by one of 
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments on Docket No. FWS-HQ-
MB-2017-0028.
     U.S. mail or hand delivery: Public Comments Processing, 
Attn: FWS-HQ-MB-2017-0028; Division of Policy, Performance, and 
Management Programs; U.S. Fish and Wildlife Service; MS: BPHC; 5275 
Leesburg Pike; Falls Church, VA 22041-3803.
    We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments, below, for more information).

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife 
Service, Department of the Interior, MS: MB, 5275 Leesburg Pike, Falls 
Church, VA 22041-3803; (703) 358-1967.

SUPPLEMENTARY INFORMATION: As part of the Department of the Interior's 
(DOI's) retrospective regulatory review, we developed a schedule for 
migratory game bird hunting regulations that is more efficient and will 
provide dates much earlier than was possible under the old process. 
This will facilitate planning for the States and all parties interested 
in migratory bird hunting. Beginning in the summer of 2015, with the 
development of the 2016-17 hunting seasons, we are using a new schedule 
for establishing our annual migratory game bird hunting regulations. We 
will combine the current early- and late-season regulatory actions into 
a single process, based on predictions derived from long-term 
biological information and harvest strategies, to establish migratory 
bird hunting seasons much earlier than the system we have used for many 
years. Under the new process, we will develop proposed hunting season 
frameworks for a given year in the fall of the prior year. We will 
finalize those frameworks a few months later, thereby enabling the 
State agencies to select and publish their season dates in early 
summer. This rulemaking is part of that process.
    We developed the guidelines for establishing special migratory bird 
hunting regulations for Indian Tribes in response to tribal requests 
for recognition of their reserved hunting rights and, for some Tribes, 
recognition of their authority to regulate hunting by both tribal and 
nontribal hunters on their reservations. The guidelines include 
possibilities for:
    (1) On-reservation hunting by both tribal and nontribal hunters, 
with hunting by nontribal hunters on some reservations to take place 
within Federal frameworks but on dates different from those selected by 
the surrounding State(s);
    (2) On-reservation hunting by tribal members only, outside of the 
usual Federal frameworks for season dates and length, and for daily bag 
and possession limits; and
    (3) Off-reservation hunting by tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines must 
be consistent with the March 10 to September 1 closed season mandated 
by the 1916 Convention between the United States and Great Britain (for 
Canada) for the Protection of Migratory Birds (Treaty). The guidelines 
apply to those Tribes having recognized reserved hunting rights on 
Federal Indian reservations (including off-reservation trust lands) and 
on ceded lands. They also apply to establishing migratory bird hunting 
regulations for nontribal hunters on all lands within the exterior 
boundaries of reservations where Tribes have full wildlife management 
authority over such hunting or where the Tribes and affected States 
otherwise have reached agreement over hunting by nontribal hunters on 
lands owned by non-Indians within the reservation.
    Tribes usually have the authority to regulate migratory bird 
hunting by nonmembers on Indian-owned reservation lands, subject to 
Service approval. The question of jurisdiction is more complex on 
reservations that include lands owned by non-Indians, especially when 
the surrounding States have established or intend to establish 
regulations governing hunting by non-Indians on these lands. In such 
cases, we encourage the Tribes and States to reach agreement on 
regulations that would apply throughout the reservations. When 
appropriate, we will consult with a Tribe and State with the aim of 
facilitating an accord. We also will consult jointly with tribal and 
State officials in the affected States where Tribes wish to establish 
special hunting regulations for tribal members on ceded lands. Because 
of past questions regarding interpretation of what events trigger the 
consultation process, as well as who initiates it, we provide the 
following clarification.
    We routinely provide copies of Federal Register publications 
pertaining to migratory bird management to all State Directors, Tribes, 
and other interested parties. It is the responsibility of the States, 
Tribes, and others to notify us of any concern regarding any feature(s) 
of any regulations. When we receive such notification, we will initiate 
consultation.
    Our guidelines provide for the continued harvest of waterfowl and 
other migratory game birds by tribal members on reservations where such 
harvest has been a customary practice. We do not oppose this harvest, 
provided it does not take place during the closed season defined by the 
Treaty, and does not adversely affect the status of the migratory bird 
resource. Before developing the guidelines, we reviewed available 
information on the current status of migratory bird populations, 
reviewed the current status of migratory bird hunting on Federal Indian 
reservations, and evaluated the potential

[[Page 23870]]

impact of such guidelines on migratory birds. We concluded that the 
impact of migratory bird harvest by tribal members hunting on their 
reservations is minimal.
    One area of interest in Indian migratory bird hunting regulations 
relates to hunting seasons for nontribal hunters on dates that are 
within Federal frameworks, but which are different from those 
established by the State(s) where the reservation is located. A large 
influx of nontribal hunters onto a reservation at a time when the 
season is closed in the surrounding State(s) could result in adverse 
population impacts on one or more migratory bird species. The 
guidelines make this unlikely, and we may modify regulations or 
establish experimental special hunts, after evaluation of information 
obtained by the Tribes.
    We conclude the guidelines provide appropriate opportunity to 
accommodate the reserved hunting rights and management authority of 
Indian Tribes while ensuring that the migratory bird resource receives 
necessary protection. The conservation of this important international 
resource is paramount. Further, the guidelines should not be viewed as 
inflexible. In this regard, we note that they have been employed 
successfully since 1985. We conclude they have been tested adequately, 
and, therefore, we made them final beginning with the 1988-89 hunting 
season (53 FR 31612, August 18, 1988). We should stress here, however, 
that use of the guidelines is not mandatory, and no action is required 
if a Tribe wishes to observe the hunting regulations established by the 
State(s) in which the reservation is located.

Regulations Schedule for 2018

    On August 3, 2017, we published a proposal to amend title 50 of the 
Code of Federal Regulations (CFR) at part 20 (82 FR 36308). The 
proposal provided a background and overview of the migratory bird 
hunting regulations process, and addressed the establishment of 
seasons, limits, and other regulations for hunting migratory game birds 
under Sec. Sec.  20.101 through 20.107, 20.109, and 20.110 of subpart 
K. Major steps in the 2018-19 regulatory cycle relating to open public 
meetings and Federal Register notifications were also identified in an 
August 3, 2017, proposed rule.
    On October 3, 2017, we published in the Federal Register (82 FR 
46011) a second document providing supplemental proposals for migratory 
bird hunting regulations. The October 3 supplement also provided 
detailed information on the 2018-19 regulatory schedule and re-
announced the SRC and Flyway Council meetings.
    On October 17-18, 2017, we held open meetings with the Flyway 
Council Consultants, at which the participants reviewed information on 
the current status of migratory game birds and developed 
recommendations for the 2018-19 regulations for these species.
    On February 2, 2018, we published in the Federal Register (83 FR 
4964) the proposed frameworks for the 2018-19 season migratory bird 
hunting regulations.

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 website 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 (September, 2017); American Woodcock Population Status, 
2017 (August, 2017); Band-tailed Pigeon Population Status, 2017 
(August, 2017); Migratory Bird Hunting Activity and Harvest During the 
2015-16 and 2016-17 Hunting Seasons (August, 2017); Mourning Dove 
Population Status, 2017 (August, 2017); Status and Harvests of Sandhill 
Cranes, Mid-continent, Rocky Mountain, Lower Colorado River Valley and 
Eastern Populations, 2017 (August, 2017); and Waterfowl Population 
Status, 2017 (August, 2017).

Hunting Season Proposals From Indian Tribes and Organizations

    For the 2018-19 hunting season, we received requests from 23 Tribes 
and Indian organizations. In this proposed rule, we respond to these 23 
requests and also evaluate anticipated requests for 6 Tribes from whom 
we usually hear but from whom we have not yet received proposals. We 
actively solicit regulatory proposals from other tribal groups that are 
interested in working cooperatively for the benefit of waterfowl and 
other migratory game birds. We encourage Tribes to work with us to 
develop agreements for management of migratory bird resources on tribal 
lands.
    The proposed frameworks for flyway regulations were published in 
the Federal Register on February 2, 2018 (83 FR 4964). As previously 
discussed, no action is required by Tribes wishing to observe migratory 
bird hunting regulations established by the State(s) where they are 
located. The proposed regulations for the 29 Tribes that meet the 
established criteria or have recently proposed seasons are shown below.

(a) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Tribal and Nontribal Hunters)

    For the past several years, the Confederated Salish and Kootenai 
Tribes and the State of Montana have entered into cooperative 
agreements for the regulation of hunting on the Flathead Indian 
Reservation. The State and the Tribes are currently operating under a 
cooperative agreement signed in 1990, which addresses fishing and 
hunting management and regulation issues of mutual concern. This 
agreement enables all hunters to utilize waterfowl hunting 
opportunities on the reservation.
    As in the past, tribal regulations for nontribal hunters would be 
at least as restrictive as those established for the Pacific Flyway 
portion of Montana. Goose, duck, and coot season dates would also be at 
least as restrictive as those established for the Pacific Flyway 
portion of Montana. Shooting hours for waterfowl hunting on the 
Flathead Reservation are sunrise to sunset. Steel shot or other 
federally approved nontoxic shots are the only legal shotgun loads on 
the reservation for waterfowl or other game birds.
    For tribal members, the Tribe proposes outside frameworks for ducks 
and geese of September 1, 2018, through March 9, 2019. Daily bag and 
possession limits were not proposed for tribal members.
    The requested season dates and bag limits are similar to past 
regulations. Harvest levels are not expected to change significantly. 
Standardized check station data from the 1993-94 and 1994-95 hunting 
seasons indicated no significant changes in harvest levels and that the 
large majority of the harvest is by nontribal hunters.
    We propose to approve the Tribes' request for special migratory 
bird regulations for the 2018-19 hunting season.

(b) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
Minnesota (Tribal Members Only)

    Since 1996, the Service and the Fond du Lac Band of Lake Superior 
Chippewa Indians have cooperated to establish special migratory bird 
hunting regulations for tribal members. The Fond du Lac's proposal 
covers land set apart for the band under the Treaties of 1837 and 1854 
in northeastern and east-

[[Page 23871]]

central Minnesota and the Band's Reservation near Duluth.
    The band's proposal for 2018-19 is essentially the same as that 
approved last year. The proposed 2018-19 waterfowl hunting season 
regulations for Fond du Lac are as follows:

Ducks

A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 8 and end November 30, 2018.
    Daily Bag Limit: 18 ducks, including no more than 12 mallards (only 
3 of which may be hens), 9 black ducks, 9 scaup, 9 wood ducks, 9 
redheads, 9 pintails, and 9 canvasbacks.
B. Reservation
    Season Dates: Begin September 1 and end November 30, 2018.
    Daily Bag Limit: 12 ducks, including no more than 8 mallards (only 
2 of which may be hens), 6 black ducks, 6 scaup, 6 redheads, 6 
pintails, 6 wood ducks, and 6 canvasbacks.

Mergansers

A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 8 and end November 30, 2018.
    Daily Bag Limit: 15 mergansers, including no more than 6 hooded 
mergansers.
B. Reservation
    Season Dates: Begin September 1 and end November 30, 2018.
    Daily Bag Limit: 10 mergansers, including no more than 4 hooded 
mergansers.

Canada Geese: All Areas

    Season Dates: Begin September 1 and end November 30, 2018.
    Daily Bag Limit: 20 geese.

Sandhill Cranes: 1854 and 1837 Ceded Territories Only

    Season Dates: Begin September 1 and end November 30, 2018.
    Daily Bag Limit: Two sandhill cranes. A crane carcass tag is 
required prior to hunting.

Coots and Common Moorhens (Common Gallinules)

A. 1854 and 1837 Ceded Territories
    Season Dates: Begin September 8 and end November 30, 2018.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
B. Reservation
    Season Dates: Begin September 1 and end November 30, 2018.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.

Sora and Virginia Rails: All Areas

    Season Dates: Begin September 1 and end November 30, 2018.
    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, 2018.
    Daily Bag Limit: Eight common snipe.

Woodcock: All Areas

    Season Dates: Begin September 1 and end November 30, 2018.
    Daily Bag Limit: Three woodcock.

Mourning Dove: All Areas

    Season Dates: Begin September 1 and end November 30, 2018.
    Daily Bag Limit: 30 mourning doves.
    The following general conditions apply:
    1. While hunting waterfowl, a tribal member must carry on his/her 
person a valid Ceded Territory License.
    2. Shooting hours for migratory birds are one-half hour before 
sunrise to one-half hour after sunset.
    3. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
provisions of Chapter 10 of the Model Off-Reservation Code. Except as 
modified by the Service rules adopted in response to this proposal, 
these amended regulations parallel Federal requirements in 50 CFR part 
20 as to hunting methods, transportation, sale, exportation, and other 
conditions generally applicable to migratory bird hunting.
    4. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    5. There are no possession limits for migratory birds. For purposes 
of enforcing bag limits, all migratory birds in the possession or 
custody of band members on ceded lands will be considered to have been 
taken on those lands unless tagged by a tribal or State conservation 
warden as having been taken on-reservation. All migratory birds that 
fall on reservation lands will not count as part of any off-reservation 
bag or possession limit.
    The band anticipates harvest will be fewer than 500 ducks and 
geese, and fewer than 10 sandhill cranes.
    We propose to approve the request for special migratory bird 
hunting regulations for the Fond du Lac Band of Lake Superior Chippewa 
Indians.

(c) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, 
Michigan (Tribal Members Only)

    In the 1995-96 migratory bird seasons, the Grand Traverse Band of 
Ottawa and Chippewa Indians and the Service first cooperated to 
establish special regulations for waterfowl. The Grand Traverse Band is 
a self-governing, federally recognized Tribe located on the west arm of 
Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse 
Band is a signatory Tribe of the Treaty of 1836. We have approved 
special regulations for tribal members of the 1836 treaty's signatory 
Tribes on ceded lands in Michigan since the 1986-87 hunting season.
    For the 2018-19 season, the Tribe requests that the tribal member 
duck season run from September 1, 2018, through January 20, 2019. A 
daily bag limit of 35 would include no more than 8 pintail, 4 
canvasback, 5 hooded merganser, 8 black ducks, 8 wood ducks, 8 
redheads, and 20 mallards (only 10 of which may be hens).
    For Canada and snow geese, the Tribe proposes a September 1, 2018, 
through February 15, 2019, season. For white-fronted geese and brant, 
the Tribe proposes a September 20 through December 30, 2018, season. 
The daily bag limit for Canada and snow geese would be 15, and the 
daily bag limit for white-fronted geese and including brant would be 5 
birds. We further note that, based on available data (of major goose 
migration routes), it is unlikely that any Canada geese from the 
Southern James Bay Population will be harvested by the Tribe.
    For woodcock, the Tribe proposes a September 1 through November 14, 
2018, season. The daily bag limit will not exceed five birds. For 
mourning doves, snipe, and rails, the Tribe proposes a September 1 
through November 14, 2018, season. The daily bag limit would be 15 
mourning dove, 10 snipe, and 10 rail.
    For sandhill crane, the Tribe proposes a September 1 through 
November 14, 2018, season. The daily bag limit would be 2 birds and a 
season limit of 10 birds.
    For snipe and rails, the Tribe proposes a September 1 through 
November 14, 2018, season. The daily bag limit would be 10 birds per 
species.
    Shooting hours would be from one-half hour before sunrise to one-
half hour after sunset. All other Federal regulations contained in 50 
CFR part 20 would apply. The Tribe proposes to monitor harvest closely 
through game bag checks, patrols, and mail surveys. Harvest surveys 
from the 2013-14 hunting season indicated that

[[Page 23872]]

approximately 30 tribal hunters harvested an estimated 100 ducks and 45 
Canada geese.
    We propose to approve the Grand Traverse Band of Ottawa and 
Chippewa Indians 2018-19 special migratory bird hunting proposal.

(d) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin 
(Tribal Members Only)

    Since 1985, various bands of the Lake Superior Tribe of Chippewa 
Indians have exercised judicially recognized, off-reservation hunting 
rights for migratory birds in Wisconsin. The specific regulations were 
established by the Service in consultation with the Wisconsin 
Department of Natural Resources and the Great Lakes Indian Fish and 
Wildlife Commission (GLIFWC) (GLIFWC is an intertribal agency 
exercising delegated natural resource management and regulatory 
authority from its member Tribes in portions of Wisconsin, Michigan, 
and Minnesota). Beginning in 1986, a Tribal season on ceded lands in 
the western portion of the Michigan Upper Peninsula was developed in 
coordination with the Michigan Department of Natural Resources. We have 
approved regulations for Tribal members in both Michigan and Wisconsin 
since the 1986-87 hunting season. In 1987, GLIFWC requested, and we 
approved, regulations to permit Tribal members to hunt on ceded lands 
in Minnesota, as well as in Michigan and Wisconsin. The States of 
Michigan and Wisconsin originally concurred with the regulations, 
although both Wisconsin and Michigan have raised various concerns over 
the years. Minnesota did not concur with the original regulations, 
stressing that the State would not recognize Chippewa Indian hunting 
rights in Minnesota's treaty area until a court with jurisdiction over 
the State acknowledges and defines the extent of these rights. In 1999, 
the U.S. Supreme Court upheld the existence of the tribes' treaty 
reserved rights in Minnesota v. Mille Lacs Band, 199 S. Ct. 1187 
(1999).
    We acknowledge all of the States' concerns, but point out that the 
U.S. Government has recognized the Indian treaty reserved rights, and 
that acceptable hunting regulations have been successfully implemented 
in Minnesota, Michigan, and Wisconsin. Consequently, in view of the 
above, we have approved regulations since the 1987-88 hunting season on 
ceded lands in all three States. In fact, this recognition of the 
principle of treaty reserved rights for band members to hunt and fish 
was pivotal in our decision to approve a 1991-92 season for the 1836 
ceded area in Michigan. Since then, in the 2007 Consent Decree, the 
1836 Treaty Tribes' and Michigan Department of Natural Resources and 
Environment established court-approved regulations pertaining to off-
reservation hunting rights for migratory birds.
    For 2018, GLIFWC proposes off-reservation special migratory bird 
hunting regulations on behalf of the member Tribes of the Voigt 
Intertribal Task Force of GLIFWC (for the 1837 and 1842 Treaty areas in 
Wisconsin and Michigan), the Mille Lacs Band of Ojibwe and the six 
Wisconsin Bands (for the 1837 Treaty area in Minnesota), and the Bay 
Mills Indian Community (for the 1836 Treaty area in Michigan). Member 
Tribes of the Task Force are: the Bad River Band of the Lake Superior 
Tribe of Chippewa Indians, the Lac Courte Oreilles Band of Lake 
Superior Chippewa Indians, the Lac du Flambeau Band of Lake Superior 
Chippewa Indians, the Red Cliff Band of Lake Superior Chippewa Indians, 
the St. Croix Chippewa Indians of Wisconsin, and the Sokaogon Chippewa 
Community (Mole Lake Band), all in Wisconsin; the Mille Lacs Band of 
Chippewa Indians and the Fond du Lac Band of Lake Superior Chippewa 
Indians in Minnesota; and the Lac Vieux Desert Band of Chippewa Indians 
and the Keweenaw Bay Indian Community in Michigan.
    Last year, GLIFWC proposed, and we approved, four regulatory 
changes from previous years' regulations for the 2017-18 hunting season 
(83 FR 5037, February 5, 2018). First, in the 1837 and 1842 Treaty 
Areas, GLIFWC proposed allowing up to 50 Tribal hunters to use 
electronic calls for any open season under a limited and experimental 
design under a special Tribal permit. In addition to obtaining a 
special permit, the Tribal hunter would be required to complete and 
submit a hunt diary for each hunt where electronic calls were used. 
Second, GLIFWC proposed allowing the take of migratory birds (primarily 
waterfowl) with the use of hand-held nets, hand-held snares, and/or 
capture of birds by hand in the 1837 and 1842 Treaty Areas. This use of 
nets, snares, or hand-capture included the take of birds at night. 
GLIFWC proposed that both the use of electronic calls and the use of 
nets, snares, or hand-capture be considered 3-year experimental 
seasons. Third, GLIFWC proposed moving the opening of the current swan 
season to September 1 rather than November 1 in the 1837 and 1842 
Treaty Areas. However, the trumpeter swan quota remained at 10 swans. 
Lastly, GLIFWC proposed implementing a sandhill crane hunting season in 
the 1836 Treaty Area. While we proposed approving all four of GLIFWC's 
proposals in our August 27, 2017, proposed rule (82 FR 39716), in our 
February 5, 2018, final rule (83 FR 5037), we inadvertently failed to 
mention or approve the proposals dealing with the swan season and the 
sandhill crane season. We propose to approve those two specific 
proposals again this year. Further, due to the timing of the final 
rule, GLIFWC was not able to actually implement any of the regulatory 
changes approved last hunting season. Thus, no data were collected for 
these regulatory changes from last year. As such, since several of 
these approved regulatory changes were designated as experimental for a 
period of 3 years, we propose to extend these experiments by 1 
additional year in order to have 3 years of actual data collection. 
This proposed extension is similar to those we have granted to Flyways 
and States in conducting their experimental seasons. For more specific 
discussion on these regulatory changes, we refer the reader to the 
August 27, 2017, and February 5, 2018, rules (82 FR 39716 and 83 FR 
5037).
    Under GLIFWC's proposed 2018-19 regulations, GLIFWC expects total 
ceded territory harvest to be approximately 2,000 to 3,000 ducks, 400 
to 600 geese, 20 sandhill cranes, and 20 swans, which, with the 
exception of ducks, is roughly similar to anticipated levels in 
previous years for those species for which seasons were established. 
GLIFWC further anticipates that tribal harvest will remain low given 
the small number of tribal hunters and the limited opportunity to 
harvest more than a small number of birds on most hunting trips.
    Recent GLIFWC harvest surveys (1996-98, 2001, 2004, 2007-08, 2011, 
2012, and 2015) indicate that tribal off-reservation waterfowl harvest 
has averaged fewer than 1,100 ducks and 250 geese annually. In the 
latest survey year for which we have specific results (2015), an 
estimated 297 hunters hunted a total of 2,190 days and harvested 2,727 
ducks (1.2 ducks per day) and 639 geese. The greatest number of ducks 
reported harvested in a single day was 10, while the highest number of 
geese reported taken on a single outing was 6. Mallards, wood ducks, 
and blue-winged teal composed about 72 percent of the duck harvest. Two 
sandhill cranes were reported harvested in each of the first three 
Tribal sandhill crane seasons, with 3 reported harvested in 2015. No 
swans have been harvested. About 81 percent of the estimated hunting 
days took place

[[Page 23873]]

in Wisconsin, with the remainder occurring in Michigan. As in past 
years, most hunting took place in or near counties with reservations. 
Overall, analysis of hunter survey data over 1996-2015 indicates a 
general downward, or flat, trend in both harvest and hunter 
participation
    The proposed 2018-19 waterfowl hunting season regulations apply to 
all treaty areas (except where noted) for GLIFWC as follows:

Ducks

    Season Dates: Begin September 1 and end December 31, 2018.
    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, 2018.
    Daily Bag Limit: 10 mergansers.

Geese

    Season Dates: Begin September 1 and end December 31, 2018. In 
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting outside of these dates will also be 
open concurrently for tribal members.
    Daily Bag Limit: 20 geese in aggregate.

Other Migratory Birds

A. Coots and Common Moorhens (Common Gallinules)
    Season Dates: Begin September 1 and end December 31, 2018.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.
B. Sora and Virginia Rails
    Season Dates: Begin September 1 and end December 31, 2018.
    Daily Bag and Possession Limits: 20, singly, or in the aggregate, 
25.
C. Common Snipe:
    Season Dates: Begin September 1 and end December 31, 2018.
    Daily Bag Limit: 16 common snipe.
D. Woodcock
    Season Dates: Begin September 4 and end December 31, 2018.
    Daily Bag Limit: 10 woodcock.
E. Mourning Dove: 1837 and 1842 Ceded Territories Only
    Season Dates: Begin September 1 and end November 29, 2018.
    Daily Bag Limit: 15 mourning doves.
F. Sandhill Cranes
    Season Dates: Begin September 1 and end December 31, 2018.
    Daily Bag Limit: 2 cranes and no seasonal bag limit in the 1837 and 
1842 Treaty areas; 1 crane with a seasonal bag limit of 3 in the 1836 
Treaty area.
G. Swans: 1837 and 1842 Ceded Territories Only
    Season Dates: Begin September 1 and end December 31, 2018.
    Daily Bag Limit: 2 swans. All harvested swans must be registered by 
presenting the fully-feathered carcass to a tribal registration station 
or GLIFWC warden. If the total number of trumpeter swans harvested 
reaches 10, the swan season will be closed by emergency tribal rule.
General Conditions
    A. All tribal members will be required to obtain a valid tribal 
waterfowl hunting permit.
    B. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
model ceded territory conservation codes approved by Federal courts in 
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs 
Band v. State of Minnesota cases. Chapter 10 in each of these model 
codes regulates ceded territory migratory bird hunting. Both versions 
of Chapter 10 parallel Federal requirements as to hunting methods, 
transportation, sale, exportation, and other conditions generally 
applicable to migratory bird hunting. They also automatically 
incorporate by reference the Federal migratory bird regulations adopted 
in response to this proposal.
    C. Particular regulations of note include:
    1. Nontoxic shot will be required for all waterfowl hunting by 
tribal members.
    2. Tribal members in each zone will comply with tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    3. There are no possession limits, with the exception of 2 swans 
(in the aggregate) and 25 rails (in the aggregate). For purposes of 
enforcing bag limits, all migratory birds in the possession and custody 
of tribal members on ceded lands will be considered to have been taken 
on those lands unless tagged by a tribal or State conservation warden 
as taken on reservation lands. All migratory birds that fall on 
reservation lands will not count as part of any off-reservation bag or 
possession limit.
    4. The baiting restrictions included in the respective section 
10.05(2)(h) of the model ceded territory conservation codes will be 
amended to include language which parallels that in place for nontribal 
members as published at 64 FR 29799, June 3, 1999.
    5. There are no shell limit restrictions.
    6. Hunting hours are from 30 minutes before sunrise to 30 minutes 
after sunset, except that, within the 1837 and 1842 Ceded Territories, 
hunters may use non-mechanical nets or snares that are operated by hand 
to take those birds subject to an open hunting season at any time (see 
#8 below for further information). Hunters shall also be permitted to 
capture, without the aid of other devices (i.e., by hand) and 
immediately kill birds subject to an open season, regardless of the 
time of day.
    7. An experimental application of electronic calls will be 
implemented in the 1837 and 1842 Ceded Territories. Up to 50 tribal 
hunters will be allowed to use electronic calls. Individuals using 
these devices will be required to obtain a special permit; they will be 
required to complete a hunt diary for each hunt where electronic calls 
are used; and they will be required to submit the hunt diary to the 
Commission within 2 weeks of the end of the season in order to be 
eligible to obtain an permit for the following year. Required 
information will include the date, time, and location of the hunt; 
number of hunters; the number of each species harvested per hunting 
event; if other hunters were in the area, any interactions with other 
hunters; and other information deemed appropriate. Diary results will 
be summarized and documented in a Commission report, which will be 
submitted to the Service. Barring unforeseen results, this experimental 
application would be replicated for 3 years (through the 2020-21 
season), after which a full evaluation would be completed.
    8. Within the 1837 and 1842 Ceded Territories, tribal members will 
be allowed to use non-mechanical, hand-operated nets (i.e., throw/cast 
nets or hand-held nets typically used to land fish) and hand-operated 
snares, and may chase and capture migratory birds without the aid of 
hunting devices (i.e., by hand). At this time, non-attended nets or 
snares shall not be authorized under this regulation. Tribal members 
using nets or snares to take migratory birds, or taking birds by hand, 
will be required to obtain a special permit; they will be required to 
complete a hunt diary for each hunt where these methods are used; and 
they will be required to submit the hunt diary to the Commission within 
2 weeks of the end of the season in order to be eligible to obtain a 
permit to net migratory birds

[[Page 23874]]

for the following year. Required information will include the date, 
time, and location of the hunt; number of hunters; the number of each 
species harvested per hunting event; and other information deemed 
appropriate. Diary results will be summarized and documented in a 
Commission report, which will be submitted to the Service. Barring 
unforeseen results, this experimental application would be replicated 
for 3 years (through the 2020-21 season), after which a full evaluation 
would be completed.
    We propose to approve the above GLIFWC regulations for the 2018-19 
hunting season.

(e) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New 
Mexico (Tribal Members and Nontribal Hunters)

    The Jicarilla Apache Tribe has had special migratory bird hunting 
regulations for tribal members and nonmembers since the 1986-87 hunting 
season. The Tribe owns all lands on the reservation and has recognized 
full wildlife management authority. In general, the proposed seasons 
would be more conservative than allowed by the Federal frameworks of 
last season and by States in the Pacific Flyway.
    The Tribe proposes a 2018-19 waterfowl and Canada goose season 
beginning October 6, 2018, and a closing date of November 30, 2018. 
Daily bag and possession limits for waterfowl would be the same as 
Pacific Flyway States. The Tribe proposes a daily bag limit for Canada 
geese of two. Other regulations specific to the Pacific Flyway 
guidelines for New Mexico would be in effect.
    During the Jicarilla Game and Fish Department's 2016-17 season, 
estimated duck harvest was 63. The species composition included mainly 
mallards, gadwall, American wigeon, and teal. The estimated harvest of 
geese was 0 birds.
    The proposed regulations are essentially the same as were 
established last year. The Tribe anticipates the maximum 2018-19 
waterfowl harvest would be around 300 ducks and 30 geese.
    We propose to approve the Tribe's requested 2018-19 hunting 
seasons.

(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Hunters)

    The Kalispel Reservation was established by Executive Order in 
1914, and currently comprises approximately 4,600 acres. The Tribe owns 
all Reservation land and has full management authority. The Kalispel 
Tribe has a fully developed wildlife program with hunting and fishing 
codes. The Tribe enjoys excellent wildlife management relations with 
the State. The Tribe and the State have an operational memorandum of 
understanding with emphasis on fisheries but also for wildlife.
    The nontribal member seasons described below pertain to a 176-acre 
waterfowl management unit and 800 acres of reservation land with a 
guide for waterfowl hunting. The Tribe is utilizing this opportunity to 
rehabilitate an area that needs protection because of past land use 
practices, as well as to provide additional waterfowl hunting in the 
area. Beginning in 1996, the requested regulations also included a 
proposal for Kalispel-member-only migratory bird hunting on Kalispel-
ceded lands within Washington, Montana, and Idaho.
    For the 2018-19 migratory bird hunting seasons, the Kalispel Tribe 
proposes tribal and nontribal member waterfowl seasons. The Tribe 
requests that both duck and goose seasons open at the earliest possible 
date and close on the latest date under Federal frameworks.
    For nontribal hunters on Tribally managed lands, the Tribe requests 
the seasons open at the earliest possible date and remain open, for the 
maximum amount of open days. Specifically, the Tribe requests a season 
for ducks run September 15-16, 2018, September 22-23, 2018, and from 
October 1, 2018, to January 8, 2019. In that period, nontribal hunters 
would be allowed to hunt approximately 107 days. Hunters should obtain 
further information on specific hunt days from the Kalispel Tribe.
    For nontribal hunters on Tribally managed lands, the Tribe also 
requests a season for geese run September 15-16, 2018, September 22-23, 
2018, and from October 1, 2018, to January 8, 2019. Total number of 
days should not exceed 107. Nontribal hunters should obtain further 
information on specific hunt days from the Tribe. Daily bag and 
possession limits would be the same as those for the State of 
Washington.
    The Tribe reports past nontribal harvest of 1.5 ducks per day. 
Under the proposal, the Tribe expects harvest to be similar to last 
year, that is, fewer than 100 geese and 200 ducks.
    All other State and Federal regulations contained in 50 CFR part 
20, such as use of nontoxic shot and possession of a signed migratory 
bird hunting and conservation stamp, would be required.
    For tribal members on Kalispel-ceded lands, the Kalispel Tribe 
proposes season dates for ducks of October 1, 2018, through January 31, 
2019, and for geese of September 10, 2018, through January 31, 2019. 
Daily bag and possession limits would parallel those in the Federal 
regulations contained in 50 CFR part 20.
    The Tribe reports that there was no tribal harvest. Under the 
proposal, the Tribe expects harvest to be fewer than 200 birds for the 
season with fewer than 100 geese. Tribal members would be required to 
possess a signed Federal migratory bird stamp and a tribal ceded lands 
permit.
    We propose to approve the regulations requested by the Kalispel 
Tribe, since these dates conform to Federal flyway frameworks for the 
Pacific Flyway.

(g) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)

    The Klamath Tribe currently has no reservation, per se. However, 
the Klamath Tribe has reserved hunting, fishing, and gathering rights 
within its former reservation boundary. This area of former 
reservation, granted to the Klamaths by the Treaty of 1864, is over 1 
million acres. Tribal natural resource management authority is derived 
from the Treaty of 1864, and carried out cooperatively under the 
judicially enforced Consent Decree of 1981. The parties to this Consent 
Decree are the Federal Government, the State of Oregon, and the Klamath 
Tribe. The Klamath Indian Game Commission sets the seasons. The tribal 
biological staff and tribal regulatory enforcement officers monitor 
tribal harvest by frequent bag checks and hunter interviews.
    For the 2018-19 seasons, the Tribe requests proposed season dates 
of October 6, 2018, through January 31, 2019. Daily bag limits would be 
9 for ducks, 9 for geese, and 9 for coot, with possession limits twice 
the daily bag limit. Shooting hours would be one-half hour before 
sunrise to one-half hour after sunset. Steel shot is required.
    Based on the number of birds produced in the Klamath Basin, this 
year's harvest would be similar to last year's. Information on tribal 
harvest suggests that more than 70 percent of the annual goose harvest 
is local birds produced in the Klamath Basin.
    We propose to approve those 2018-19 special migratory bird hunting 
regulations.

(h) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members 
Only)

    The Leech Lake Band of Ojibwe is a federally recognized Tribe 
located in Cass Lake, Minnesota. The reservation employs conservation 
officers to enforce

[[Page 23875]]

conservation regulations. The Service and the Tribe have cooperatively 
established migratory bird hunting regulations since 2000.
    For the 2018-19 season, the Tribe requests a duck season starting 
on September 15 and ending December 31, 2018, and a goose season to run 
from September 1 through December 31, 2018. Daily bag limits for ducks 
would be 10, including no more than 5 pintail, 5 canvasback, and 5 
black ducks. Daily bag limits for geese would be 10. Possession limits 
would be twice the daily bag limit. Shooting hours are one-half hour 
before sunrise to one-half hour after sunset.
    The annual harvest by tribal members on the Leech Lake Reservation 
is estimated at 250 to 500 birds.
    We propose to approve the Leech Lake Band of Ojibwe's requested 
2018-19 special migratory bird hunting season.

(i) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal 
Members Only)

    The Little River Band of Ottawa Indians (LRBOI) is a self-
governing, federally recognized Tribe located in Manistee, Michigan, 
and a signatory Tribe of the Treaty of 1836. We have approved special 
regulations for tribal members of the 1836 treaty's signatory Tribes on 
ceded lands in Michigan since the 1986-87 hunting season. Ceded lands 
are located in Lake, Mason, Manistee, and Wexford Counties. The Band 
proposes regulations to govern the hunting of migratory birds by Tribal 
members within the 1836 Ceded Territory as well as on the Band's 
Reservation.
    We have not yet heard from the LRBOI for the 2018-19 season. The 
Little River Band of Ottawa Indians usually proposes a duck and 
merganser season from September 9, 2018, through January 26, 2019. A 
daily bag limit of 12 ducks would include no more than 2 pintail, 2 
canvasback, 3 black ducks, 3 wood ducks, 3 redheads, 6 mallards (only 2 
of which may be a hen), 1 bufflehead, and 1 hooded merganser. 
Possession limits would be twice the daily bag limit.
    For coots and gallinules, the Tribe usually proposes a September 
15, 2018, through January 26, 2019, season. Daily bag limits would be 
five coot and five gallinule.
    For white-fronted geese, snow geese, and brant, the Tribe usually 
proposes a September 8 through December 10, 2018, season. Daily bag 
limits would be five geese.
    For Canada geese only, the Tribe usually proposes a September 1, 
2018, through February 4, 2019, season with a daily bag limit of five. 
The possession limit would be twice the daily bag limit.
    For snipe, woodcock, rails, and mourning doves, the Tribe usually 
proposes a September 1 to November 12, 2018, season. The daily bag 
limit would be 10 common snipe, 5 woodcock, 10 rails, and 10 mourning 
doves. Possession limits for all species would be twice the daily bag 
limit.
    The Tribe monitors harvest through mail surveys. General conditions 
are as follows:
    A. All tribal members will be required to obtain a valid tribal 
resource card and 2018-19 hunting license.
    B. Except as modified by the Service rules adopted in response to 
this proposal, these amended regulations parallel all Federal 
regulations contained in 50 CFR part 20. Shooting hours will be from 
one-half hour before sunrise to sunset.
    C. Particular regulations of note include:
    (1) Nontoxic shot will be required for all waterfowl hunting by 
tribal members.
    (2) Tribal members in each zone will comply with tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    D. Tribal members hunting in Michigan will comply with tribal codes 
that contain provisions parallel to Michigan law regarding duck blinds 
and decoys.
    Upon receipt of their proposal, we plan to approve Little River 
Band of Ottawa Indians' 2018-19 special migratory bird hunting seasons.

(j) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan 
(Tribal Members Only)

    The Little Traverse Bay Bands of Odawa Indians (LTBB) is a self-
governing, federally recognized Tribe located in Petoskey, Michigan, 
and a signatory Tribe of the Treaty of 1836. We have approved special 
regulations for tribal members of the 1836 treaty's signatory Tribes on 
ceded lands in Michigan since the 1986-87 hunting season.
    For the 2018-19 season, the LTBB proposes regulations similar to 
those of other Tribes in the 1836 treaty area. The LTBB proposes the 
regulations to govern the hunting of migratory birds by tribal members 
on the LTBB reservation and within the 1836 Treaty Ceded Territory. The 
tribal member duck and merganser season would usually run from 
September 1, 2018, through January 31, 2019. A daily bag limit of 20 
ducks and 10 mergansers would include no more than 5 hen mallards, 5 
pintail, 5 canvasback, 5 scaup, 5 hooded merganser, 5 black ducks, 5 
wood ducks, and 5 redheads.
    For Canada geese, the LTBB proposes a September 1, 2018, through 
February 8, 2019, season. The daily bag limit for Canada geese would be 
20 birds. We further note that, based on available data (of major goose 
migration routes), it is unlikely that any Canada geese from the 
Southern James Bay Population would be harvested by the LTBB. 
Possession limits are twice the daily bag limit.
    For woodcock, the LTBB proposes a September 1 to December 1, 2018, 
season. The daily bag limit will not exceed 10 birds. For snipe, the 
LTBB proposes a September 1 to December 31, 2018, season. The daily bag 
limit will not exceed 16 birds. For mourning doves, the LTBB proposes a 
September 1 to November 14, 2018, season. The daily bag limit will not 
exceed 15 birds. For Virginia and sora rails, the LTBB proposes a 
September 1 to December 31, 2018, season. The daily bag limit will not 
exceed 20 birds per species. For coots and gallinules, the LTBB 
proposes a September 15 to December 31, 2018, season. The daily bag 
limit will not exceed 20 birds per species. The possession limit will 
not exceed 2 days' bag limit for all birds.
    The LTBB also proposes a sandhill crane season to begin September 1 
and end December 1, 2018. The daily bag limit will not exceed one bird. 
The possession limit will not exceed two times the bag limit.
    All other Federal regulations contained in 50 CFR part 20 would 
apply.
    Harvest surveys from 2015-16 hunting season indicated that 
approximately 15 hunters harvested 9 different waterfowl species. No 
sandhill cranes were reported harvested during the 2015-16 season. The 
LTBB proposes to monitor harvest closely through game bag checks, 
patrols, and mail surveys. In particular, the LTBB proposes monitoring 
the harvest of Southern James Bay Canada geese and sandhill cranes to 
assess any impacts of tribal hunting on the population.
    We propose to approve the Little Traverse Bay Bands of Odawa 
Indians' requested 2018-19 special migratory bird hunting regulations.

(k) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Nontribal Hunters)

    The Lower Brule Sioux Tribe first established tribal migratory bird 
hunting

[[Page 23876]]

regulations for the Lower Brule Reservation in 1994. The Lower Brule 
Reservation is about 214,000 acres in size and is located on and 
adjacent to the Missouri River, south of Pierre. Land ownership on the 
reservation is mixed, and until recently, the Lower Brule Tribe had 
full management authority over fish and wildlife via a memorandum of 
agreement (MOA) with the State of South Dakota. The MOA provided the 
Tribe jurisdiction over fish and wildlife on reservation lands, 
including deeded and U.S. Army Corps of Engineers-taken lands. For the 
2018-19 season, the two parties have come to an agreement that provides 
the public a clear understanding of the Lower Brule Sioux Wildlife 
Department license requirements and hunting season regulations. The 
Lower Brule Reservation waterfowl season is open to tribal and 
nontribal hunters.
    For the 2018-19 migratory bird hunting season, the Lower Brule 
Sioux Tribe proposes a nontribal member duck, merganser, and coot 
season length of 97 days, or the maximum number of days allowed by 
Federal frameworks in the High Plains Management Unit for this season. 
The Tribe proposes a duck season from October 6, 2018, through January 
10, 2019. The daily bag limit would be six birds or the maximum number 
that Federal regulations allow, including no more than two hen mallard 
and five mallards total, two pintail, two redhead, two canvasback, 
three wood duck, three scaup, and one mottled duck. Two bonus blue-
winged teal are allowed during October 6-21, 2018. The daily bag limit 
for mergansers would be five, only two of which could be a hooded 
merganser. The daily bag limit for coots would be 15. Possession limits 
would be three times the daily bag limits.
    The Tribe's proposed nontribal-member Canada goose season would run 
from October 27, 2018, through February 10, 2019 (107-day season 
length), with a daily bag limit of six Canada geese. The Tribe's 
proposed nontribal member white-fronted goose season would run from 
October 27, 2018, through January 22, 2019, with a daily bag and 
possession limits concurrent with Federal regulations. The Tribe's 
proposed nontribal-member light goose season would run from October 27, 
2018, through February 10, 2019, and February 11 through May 1, 2019. 
The light goose daily bag limit would be 20 or the maximum number that 
Federal regulations allow with no possession limits.
    For tribal members, the Lower Brule Sioux Tribe proposes a duck, 
merganser, and coot season from September 1, 2018, through March 10, 
2019. The daily bag limit would be six ducks, including no more than 
two hen mallard and five mallards total, two pintail, two redheads, two 
canvasback, three wood ducks, three scaup, two bonus teal during the 
first 16 days of the season, and one mottled duck or the maximum number 
that Federal regulations allow. The daily bag limit for mergansers 
would be five, only two of which could be hooded mergansers. The daily 
bag limit for coots would be 15. Possession limits would be three times 
the daily bag limits.
    The Tribe's proposed Canada goose season for tribal members would 
run from September 1, 2018, through March 10, 2019, with a daily bag 
limit of six Canada geese. The Tribe's proposed white-fronted goose 
tribal season would run from September 1, 2018, through March 10, 2019, 
with a daily bag limit of two white-fronted geese or the maximum number 
that Federal regulations allow. The Tribe's proposed light goose tribal 
season would run from September 1, 2018, through March 10, 2019. A 
conservation order will also occur March 11, 2019, through May 1, 2019. 
The light goose daily bag limit would be 20 or the maximum number that 
Federal regulations allow, with no possession limits.
    The Tribe proposes a dove season for both Tribal and non-Tribal 
members from September 1, 2018, through November 29, 2018. The dove 
daily bag limit would be 15.
    In the 2016 season, nontribal members harvested 774 geese and 1,158 
ducks. In the 2016 season, duck harvest species composition was 
primarily mallard (65 percent), green-winged teal (21 percent), and 
wigeon (2 percent).
    The Tribe anticipates a duck and goose harvest similar to those of 
the previous years. All basic Federal regulations contained in 50 CFR 
part 20, including the use of nontoxic shot, Migratory Bird Hunting and 
Conservation Stamps, etc., would be observed by the Tribe's proposed 
regulations. In addition, the Lower Brule Sioux Tribe has an official 
Conservation Code that was established by Tribal Council Resolution in 
June 1982 and updated in 1996.
    We plan to approve the Tribe's requested regulations for the Lower 
Brule Reservation if the seasons' dates fall within final Federal 
flyway frameworks (applies to nontribal hunters only).

(l) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal Members 
Only)

    Since 1996, the Service and the Point No Point Treaty Tribes, of 
which Lower Elwha was one, have cooperated to establish special 
regulations for migratory bird hunting. The Tribes are now acting 
independently, and the Lower Elwha Klallam Tribe would like to 
establish migratory bird hunting regulations for tribal members for the 
2018-19 season. The Tribe has a reservation on the Olympic Peninsula in 
Washington State and is a successor to the signatories of the Treaty of 
Point No Point of 1855.
    For the 2018-19 season, we have yet to hear from the Lower Elwha 
Klallam Tribe. The Tribe usually requests special migratory bird 
hunting regulations for ducks (including mergansers), geese, coots, 
band-tailed pigeons, snipe, and mourning doves. The Lower Elwha Klallam 
Tribe usually requests a duck and coot season from September 13, 2018, 
to January 4, 2019. The daily bag limit will be seven ducks, including 
no more than two hen mallards, one pintail, one canvasback, and two 
redheads. The daily bag and possession limit on harlequin duck will be 
one per season. The coot daily bag limit will be 25. The possession 
limit will be twice the daily bag limit, except as noted above.
    For geese, the Tribe usually requests a season from September 13, 
2018, to January 4, 2019. The daily bag limit will be four, including 
no more than three light geese. The season on Aleutian Canada geese 
will be closed.
    For brant, the Tribe usually proposes to close the season.
    For mourning doves, band-tailed pigeon, and snipe, the Tribe 
usually requests a season from September 1, 2018, to January 11, 2019, 
with a daily bag limit of 10, 2, and 8, respectively. The possession 
limit will be twice the daily bag limit.
    All Tribal hunters authorized to hunt migratory birds are required 
to obtain a tribal hunting permit from the Lower Elwha Klallam Tribe 
pursuant to tribal law. Hunting hours would be from one-half hour 
before sunrise to sunset. Only steel, tungsten-iron, tungsten-polymer, 
tungsten-matrix, and tin shot are allowed for hunting waterfowl. It is 
unlawful to use or possess lead shot while hunting waterfowl.
    The Tribe typically anticipates harvest to be fewer than 10 birds. 
Tribal reservation police and Tribal fisheries enforcement officers 
have the authority to enforce these migratory bird hunting regulations.

[[Page 23877]]

    The Service proposes to approve the special migratory bird hunting 
regulations for the Lower Elwha Klallam Tribe, upon receipt of their 
proposal.

(m) Makah Indian Tribe, Neah Bay, Washington (Tribal Members Only)

    The Makah Indian Tribe and the Service have been cooperating to 
establish special regulations for migratory game birds on the Makah 
Reservation and traditional hunting land off the Makah Reservation 
since the 2001-02 hunting season. Lands off the Makah Reservation are 
those contained within the boundaries of the State of Washington Game 
Management Units 601-603.
    The Makah Indian Tribe proposes a duck and coot hunting season from 
September 22, 2018, to January 27, 2019. The daily bag limit is seven 
ducks, including no more than five mallards (only two hen mallard), one 
canvasback, one pintail, three scaup, and one redhead. The daily bag 
limit for coots is 25. The Tribe has a year-round closure on wood ducks 
and harlequin ducks. Shooting hours for all species of waterfowl are 
one-half hour before sunrise to sunset.
    For geese, the Tribe proposes that the season open on September 22, 
2018, and close January 27, 2019. The daily bag limit for geese is four 
and one brant. The Tribe notes that there is a year-round closure on 
Aleutian and dusky Canada geese.
    For band-tailed pigeons, the Tribe proposes that the season open 
September 22, 2018, and close October 21, 2018. The daily bag limit for 
band-tailed pigeons is two.
    The Tribe anticipates that harvest under this regulation will be 
relatively low since there are no known dedicated waterfowl hunters and 
any harvest of waterfowl or band-tailed pigeons is usually incidental 
to hunting for other species, such as deer, elk, and bear. The Tribe 
expects fewer than 50 ducks and 10 geese to be harvested during the 
2018-19 migratory bird hunting season.
    All other Federal regulations contained in 50 CFR part 20 would 
apply. The following restrictions are also proposed by the Tribe:
    (1) As per Makah Ordinance 44, only shotguns may be used to hunt 
any species of waterfowl. Additionally, shotguns must not be discharged 
within 0.25 miles of an occupied area.
    (2) Hunters must be eligible, enrolled Makah tribal members and 
must carry their Indian Treaty Fishing and Hunting Identification Card 
while hunting. No tags or permits are required to hunt waterfowl.
    (3) The Cape Flattery area is open to waterfowl hunting, except in 
designated wilderness areas, or within 1 mile of Cape Flattery Trail, 
or in any area that is closed to hunting by another ordinance or 
regulation.
    (4) The use of live decoys and/or baiting to pursue any species of 
waterfowl is prohibited.
    (5) Steel or bismuth shot only for waterfowl is allowed; the use of 
lead shot is prohibited.
    (6) The use of dogs is permitted to hunt waterfowl.
    The Service proposes to approve the Makah Indian Tribe's requested 
2018-19 special migratory bird hunting regulations.

(n) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona 
(Tribal Members and Nontribal Hunters)

    Since 1985, we have established uniform migratory bird hunting 
regulations for tribal members and nonmembers on the Navajo Indian 
Reservation (in parts of Arizona, New Mexico, and Utah). The Navajo 
Nation owns almost all lands on the reservation and has full wildlife 
management authority.
    We have yet to hear from the Navajo Nation for the 2018-19 season. 
The Tribe usually requests the earliest opening dates and longest duck, 
mergansers, Canada geese, and coots seasons, and the same daily bag and 
possession limits allowed to Pacific Flyway States under final Federal 
frameworks for tribal and nontribal members.
    For both mourning dove and band-tailed pigeons, the Navajo Nation 
usually proposes seasons of September 1 through September 30, 2018, 
with daily bag limits of 10 and 5, respectively. Possession limits 
would be twice the daily bag limits.
    The Nation requires tribal members and nonmembers to comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20 
pertaining to shooting hours and manner of taking. In addition, each 
waterfowl hunter age 16 or older must carry on his/her person a valid 
Migratory Bird Hunting and Conservation Stamp (Duck Stamp), which must 
be signed in ink across the face. Special regulations established by 
the Navajo Nation also apply on the reservation.
    The Tribe usually anticipates a total harvest of fewer than 500 
mourning doves; fewer than 10 band-tailed pigeons; fewer than 1,000 
ducks, coots, and mergansers; and fewer than 1,000 Canada geese for the 
2018-19 season. The Tribe measures harvest by mail survey forms. 
Through the established Navajo Nation Code, titles 17 and 18, and 23 
U.S.C. 1165, the Tribe will take action to close the season, reduce bag 
limits, or take other appropriate actions if the harvest is detrimental 
to the migratory bird resource.
    We propose to approve the Navajo Nation's 2018-19 special migratory 
bird hunting regulations, upon receipt of their proposal.

(o) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
Members Only)

    Since 1991-92, the Oneida Tribe of Indians of Wisconsin and the 
Service have cooperated to establish uniform regulations for migratory 
bird hunting by tribal and nontribal hunters within the original Oneida 
Reservation boundaries. Since 1985, the Oneida Tribe's Conservation 
Department has enforced the Tribe's hunting regulations within those 
original reservation limits. The Oneida Tribe also has a good working 
relationship with the State of Wisconsin, and the majority of the 
seasons and limits are the same for the Tribe and Wisconsin.
    For the 2018-19 season, the Tribe submitted a proposal requesting 
special migratory bird hunting regulations. For ducks, the Tribe 
proposal describes the general outside dates as being September 15 
through December 2, 2018. The Tribe proposes a daily bag limit of six 
birds, which could include no more than six mallards (three hen 
mallards), six wood ducks, one redhead, two pintails, and one hooded 
merganser.
    For geese, the Tribe requests a season between September 1 and 
December 31, 2018, with a daily bag limit of five Canada geese. If a 
quota of 500 geese is attained before the season concludes, the Tribe 
will recommend closing the season early.
    For woodcock, the Tribe proposes a season between September 1 and 
November 4, 2018, with a daily bag and possession limit of two and 
four, respectively.
    For mourning dove, the Tribe proposes a season between September 2 
and November 4, 2018, with a daily bag and possession limit of 10 and 
20, respectively.
    The Tribe proposes shooting hours be one-half hour before sunrise 
to one-half hour after sunset. Nontribal hunters hunting on the 
Reservation or on lands under the jurisdiction of the Tribe must comply 
with all State of Wisconsin regulations, including shooting hours of 
one-half hour before sunrise to sunset, season dates, and daily bag 
limits. Tribal members and nontribal hunters hunting on the Reservation 
or on lands

[[Page 23878]]

under the jurisdiction of the Tribe must observe all basic Federal 
migratory bird hunting regulations found in 50 CFR part 20, with the 
following exceptions: Oneida members would be exempt from the purchase 
of the Migratory Bird Hunting and Conservation Stamp (Duck Stamp); and 
shotgun capacity is not limited to three shells.
    The Service proposes to approve the 2018-19 special migratory bird 
hunting regulations for the Oneida Tribe of Indians of Wisconsin.

(p) Point No Point Treaty Council Tribes, Kingston, Washington (Tribal 
Members Only)

    We are establishing uniform migratory bird hunting regulations for 
tribal members on behalf of the Point No Point Treaty Council Tribes, 
consisting of the Port Gamble S'Klallam and Jamestown S'Klallam Tribes. 
The two tribes have reservations and ceded areas in northwestern 
Washington State and are the successors to the signatories of the 
Treaty of Point No Point of 1855. These proposed regulations will apply 
to tribal members both on and off reservations within the Point No 
Point Treaty Areas; however, the Port Gamble S'Klallam and Jamestown 
S'Klallam Tribal season dates differ only where indicated below.
    For the 2018-19 season, the Point No Point Treaty Council requests 
special migratory bird hunting regulations for both the Jamestown 
S'Klallam and Port Gamble S'Klallam Tribes. For ducks, the Jamestown 
S'Klallam Tribe season would open September 1, 2018, and close March 
10, 2019, and coots would open September 13, 2018, and close February 
1, 2019. The Port Gamble S'Klallam Tribes duck and coot seasons would 
open from September 1, 2018, to March 10, 2019. The daily bag limit 
would be seven ducks, including no more than two hen mallards, one 
canvasback, one pintail, two redhead, and four scoters. The daily bag 
limit for coots would be seven. The daily bag limit and possession 
limit on harlequin ducks would be one per season. The daily possession 
limits are double the daily bag limits except where noted.
    For geese, the Point No Point Treaty Council proposes the season 
open on September 9, 2018, and close March 10, 2019, for the Jamestown 
S'Klallam Tribe, and open on September 1, 2018, and close March 10, 
2019, for the Port Gamble S'Klallam Tribe. The daily bag limit for 
geese would be five, not to include more than three light geese. The 
Council notes that there is a year-round closure on dusky Canada geese. 
For brant, the Council proposes the season open on November 9, 2018, 
and close January 31, 2019, for the Port Gamble S'Klallam Tribe, and 
open on January 10 and close January 25, 2019, for the Jamestown 
S'Klallam Tribe. The daily bag limit for brant would be two.
    For band-tailed pigeons, the Port Gamble S'Klallam Tribe season 
would open September 1, 2018, and close March 10, 2019. The Jamestown 
S'Klallam Tribe season would open September 13, 2018, and close January 
18, 2019. The daily bag limit for band-tailed pigeons would be two. For 
snipe, the Port Gamble S'Klallam Tribe season would open September 1, 
2018, and close March 10, 2019. The Jamestown S'Klallam Tribe season 
would open September 13, 2018, and close March 10, 2019. The daily bag 
limit for snipe would be eight. For mourning dove, the Port Gamble 
S'Klallam Tribe season would open September 1, 2018, and close January 
31, 2019. The Jamestown S'Klallam Tribe would open September 13, 2018, 
and close January 18, 2019. The daily bag limit for mourning dove would 
be 10.
    The Tribe anticipates a total harvest of fewer than 100 birds for 
the 2018-19 season. The tribal fish and wildlife enforcement officers 
have the authority to enforce these tribal regulations.
    We propose to approve the Point No Point Treaty Council Tribe's 
requested 2018-19 special migratory bird seasons.

(q) Saginaw Tribe of Chippewa Indians, Mt. Pleasant, Michigan (Tribal 
Members Only)

    The Saginaw Tribe of Chippewa Indians is a federally recognized, 
self-governing Indian Tribe, located on the Isabella Reservation lands 
bound by Saginaw Bay in Isabella and Arenac Counties, Michigan.
    We have yet to hear from the Saginaw Tribe of Chippewa Indians. For 
ducks, mergansers, and common snipe, the Tribe usually proposes outside 
dates as September 1, 2018, through January 31, 2019. The Tribe usually 
proposes a daily bag limit of 20 ducks, which could include no more 
than five each of the following: Hen mallards; wood duck; black duck; 
pintail; red head; scaup; and canvasback. The merganser daily bag limit 
is 10, with no more than 5 hooded mergansers and 16 for common snipe.
    For geese, coot, gallinule, sora, and Virginia rail, the Tribe 
usually requests a season from September 1, 2018, to January 31, 2019. 
The daily bag limit for geese is 20, in the aggregate. The daily bag 
limit for coot, gallinule, sora, and Virginia rail is 20 in the 
aggregate.
    For woodcock and mourning dove, the Tribe usually proposes a season 
between September 1, 2018, and January 31, 2019, with daily bag limits 
of 10 and 25, respectively.
    For sandhill crane, the Tribe usually proposes a season between 
September 1, 2018, and January 31, 2019, with a daily bag limit of one.
    All Saginaw Tribe members exercising hunting treaty rights are 
required to comply with Tribal Ordinance 11. Hunting hours would be 
from one-half hour before sunrise to one-half hour after sunset. All 
other regulations in 50 CFR part 20 apply, including the use of only 
nontoxic shot for hunting waterfowl.
    The Service proposes to approve the request for 2018-19 special 
migratory bird hunting regulations for the Saginaw Tribe of Chippewa 
Indians, upon receipt of their proposal.

(r) Sauk-Suiattle Indian Tribe, Darrington, Washington (Tribal Members 
Only)

    The Sauk-Suiattle Indian Tribe (SSIT) requests a 2018-19 hunting 
season on all open and unclaimed lands under the Treaty of Point 
Elliott of January 22, 1855. This 2018-19 proposal is the first year 
the Tribe is proposing a special migratory bird hunting season. The 
Tribe's reservation is located in Darrington, Washington, just west of 
the North Cascade Mountain range in Skagit County on the Sauk and 
Suiattle Rivers. The Tribe owns and manages all the land on the 
reservation and some lands surrounding or near the reservation in 
Skagit and Snohomish Counties. All of the lands that are Tribal or 
Reservation lands are closed for non-Tribal hunting, unless opened by a 
SSIT Special Regulation.
    The Tribe proposes special migratory bird hunting regulations for 
ducks, geese, brant, and coot with outside dates as September 1, 2018, 
through January 31, 2019. The Tribe proposes a daily bag limit of 10 
ducks, 5 geese, 5 brant, and 25 coot.
    Hunting hours would be from one-half hour before sunrise to one-
half hour after sunset. All other regulations in 50 CFR part 20 apply, 
including the use of only nontoxic shot for hunting waterfowl.
    The Service proposes to approve the request for 2018-19 special 
migratory bird hunting regulations for the Sauk-Suiattle Indian Tribe.

(s) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie, 
Michigan (Tribal Members Only)

    The Sault Ste. Marie Tribe of Chippewa Indians is a federally 
recognized, self-governing Indian Tribe, distributed throughout the 
eastern Upper Peninsula and northern Lower Peninsula of Michigan. The 
Tribe has retained the right to hunt, fish, trap, and

[[Page 23879]]

gather on the lands ceded in the Treaty of Washington (1836).
    The Tribe proposes special migratory bird hunting regulations. For 
ducks, mergansers, and common snipe, the Tribe proposes outside dates 
as September 15 through December 31, 2018. The Tribe proposes a daily 
bag limit of 20 ducks, which could include no more than 10 mallards (5 
hen mallards), 5 wood duck, 5 black duck, and 5 canvasbacks. The 
merganser daily bag limit is 10 in the aggregate and 16 for common 
snipe.
    For geese, teal, coot, gallinule, sora, and Virginia rail, the 
Tribe requests a season from September 1 to December 31, 2018. The 
daily bag limit for geese is 20 in the aggregate. The daily bag limit 
for coot, teal, gallinule, sora, and Virginia rail is 20 in the 
aggregate.
    For woodcock, the Tribe proposes a season between September 2 and 
December 1, 2018, with a daily bag and possession limit of 10 and 20, 
respectively.
    For mourning dove, the Tribe proposes a season between September 1 
and November 14, 2018, with a daily bag and possession limit of 10 and 
20, respectively.
    In 2016, the total estimated waterfowl hunters were 4,171. All 
Sault Ste. Marie Tribe members exercising hunting treaty rights within 
the 1836 Ceded Territory are required to submit annual harvest reports 
including date of harvest, number and species harvested, and location 
of harvest. Hunting hours would be from one-half hour before sunrise to 
one-half hour after sunset. All other regulations in 50 CFR part 20 
apply, including the use of only nontoxic shot for hunting waterfowl.
    The Service proposes to approve the request for 2018-19 special 
migratory bird hunting regulations for the Sault Ste. Marie Tribe of 
Chippewa Indians.

(t) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, 
Idaho (Nontribal Hunters)

    Almost all of the Fort Hall Indian Reservation is tribally owned. 
The Tribes claim full wildlife management authority throughout the 
reservation, but the Idaho Fish and Game Department has disputed tribal 
jurisdiction, especially for hunting by nontribal members on 
reservation lands owned by non-Indians. As a compromise, since 1985, we 
have established the same waterfowl hunting regulations on the 
reservation and in a surrounding off-reservation State zone. The 
regulations were requested by the Tribes and provided for different 
season dates than in the remainder of the State. We agreed to the 
season dates because they would provide additional protection to 
mallards and pintails. The State of Idaho concurred with the zoning 
arrangement. We have no objection to the State's use of this zone again 
in the 2018-19 hunting season, provided the duck and goose hunting 
season dates are the same as on the reservation.
    In a proposal for the 2018-19 hunting season, the Shoshone-Bannock 
Tribes request a continuous duck (including mergansers and coots) 
season, with the maximum number of days and the same daily bag and 
possession limits permitted for Pacific Flyway States under the final 
Federal frameworks. The Tribes propose a duck and coot season with, if 
the same number of hunting days is permitted as last year, an opening 
date of October 6, 2018, and a closing date of January 18, 2019. The 
Tribes anticipate harvest will be about 7,500 ducks.
    The Tribes also request a continuous goose season with the maximum 
number of days and the same daily bag and possession limits permitted 
in Idaho under Federal frameworks. The Tribes propose that, if the same 
number of hunting days is permitted as in previous years, the season 
would have an opening date of October 6, 2018, and a closing date of 
January 18, 2019. The Tribes anticipate harvest will be about 5,000 
geese.
    The Tribes request a common snipe season with the maximum number of 
days and the same daily bag and possession limits permitted in Idaho 
under Federal frameworks. The Tribes propose that, if the same number 
of hunting days is permitted as in previous years, the season would 
have an opening date of October 6, 2018, and a closing date of January 
18, 2019.
    Nontribal hunters must comply with all basic Federal migratory bird 
hunting regulations in 50 CFR part 20 pertaining to shooting hours, use 
of steel shot, and manner of taking. Special regulations established by 
the Shoshone-Bannock Tribes also apply on the reservation.
    We note that the requested regulations are nearly identical to 
those of last year, and we propose to approve them for the 2018-19 
hunting season if the seasons' dates fall within the final Federal 
flyway frameworks (applies to nontribal hunters only).

(t) Skokomish Tribe, Shelton, Washington (Tribal Members Only)

    Since 1996, the Service and the Point No Point Treaty Tribes, of 
which the Skokomish Tribe was one, have cooperated to establish special 
regulations for migratory bird hunting. The Tribes have been acting 
independently since 2005. The Tribe has a reservation on the Olympic 
Peninsula in Washington State and is a successor to the signatories of 
the Treaty of Point No Point of 1855.
    The Skokomish Tribe requests a duck and coot season from September 
16, 2018, to February 28, 2019. The daily bag limit is seven ducks, 
including no more than two hen mallards, one pintail, one canvasback, 
and two redheads. The daily bag and possession limit on harlequin duck 
is one per season. The coot daily bag limit is 25. The possession limit 
is twice the daily bag limit, except as noted above.
    For geese, the Tribe requests a season from September 16, 2018, to 
February 28, 2019. The daily bag limit is four, including no more than 
three light geese. The season on Aleutian Canada geese is closed. For 
brant, the Tribe proposes a season from November 1, 2018, to February 
15, 2019, with a daily bag limit of two. The possession limit is twice 
the daily bag limit.
    For mourning doves, band-tailed pigeon, and snipe, the Tribe 
requests a season from September 16, 2018, to February 28, 2019, with a 
daily bag limit of 10, 2, and 8, respectively. The possession limit is 
twice the daily bag limit.
    All Tribal hunters authorized to hunt migratory birds are required 
to obtain a tribal hunting permit from the Skokomish Tribe pursuant to 
tribal law. Hunting hours would be from one-half hour before sunrise to 
sunset. Only steel, tungsten-iron, tungsten-polymer, tungsten-matrix, 
and tin shot are allowed for hunting waterfowl. It is unlawful to use 
or possess lead shot while hunting waterfowl.
    The Tribe anticipates harvest to be fewer than 150 birds. The 
Skokomish Public Safety Office enforcement officers have the authority 
to enforce these migratory bird hunting regulations.
    We propose to approve the Skokomish Tribe's 2018-19 migratory bird 
hunting season.

(u) Spokane Tribe of Indians, Spokane Indian Reservation, Wellpinit, 
Washington (Tribal Members Only)

    The Spokane Tribe of Indians wishes to establish waterfowl seasons 
on their reservation for its membership to access as an additional 
resource. An established waterfowl season on the reservation will allow 
access to a resource for members to continue practicing a subsistence 
lifestyle.
    The Spokane Indian Reservation is located in northeastern 
Washington State. The reservation comprises approximately 157,000 
acres. The

[[Page 23880]]

boundaries of the Reservation are the Columbia River to the west, the 
Spokane River to the south (now Lake Roosevelt), Tshimikn Creek to the 
east, and the 48th Parallel as the north boundary. Tribal membership 
comprises approximately 2,300 enrolled Spokane Tribal Members.
    These proposed regulations would allow Tribal Members, spouses of 
Spokane Tribal Members, and first-generation descendants of a Spokane 
Tribal Member with a tribal permit and Federal Migratory Bird Hunting 
and Conservation Stamp an opportunity to utilize the reservation and 
ceded lands for waterfowl hunting. These regulations would also benefit 
tribal membership through access to this resource throughout Spokane 
Tribal ceded lands in eastern Washington. By Spokane Tribal Referendum, 
spouses of Spokane Tribal Members and children of Spokane Tribal 
Members not enrolled are allowed to harvest game animals within the 
Spokane Indian Reservation with the issuance of hunting permits.
    The Tribe requests to establish duck seasons that would run from 
September 2, 2018, through January 31, 2019. The tribe is requesting 
the daily bag limit for ducks to be consistent with final Federal 
frameworks. The possession limit is twice the daily bag limit.
    The Tribe proposes a season on geese starting September 2, 2018, 
and ending on January 31, 2019. The tribe is requesting the daily bag 
limit for geese to be consistent with final Federal frameworks. The 
possession limit is twice the daily bag limit.
    Based on the quantity of requests the Spokane Tribe of Indians has 
received, the tribe anticipates harvest levels for the 2018-19 season 
for both ducks and geese to be fewer than 100 total birds, with goose 
harvest at fewer than 50. Hunter success will be monitored through 
mandatory harvest reports returned within 30 days of the season 
closure.
    We propose to approve the Spokane Tribe's requested 2018-19 special 
migratory bird hunting regulations.

(v) Squaxin Island Tribe, Squaxin Island Reservation, Shelton, 
Washington (Tribal Members Only)

    The Squaxin Island Tribe of Washington and the Service have 
cooperated since 1995, to establish special tribal migratory bird 
hunting regulations. These special regulations apply to tribal members 
on the Squaxin Island Reservation, located in western Washington near 
Olympia, and all lands within the traditional hunting grounds of the 
Squaxin Island Tribe.
    For the 2018-19 season, we have yet to hear from the Squaxin Island 
Tribe. The Tribe usually requests to establish duck and coot seasons 
that would run from September 1, 2018, through January 15, 2019. The 
daily bag limit for ducks would be five per day and could include only 
one canvasback. The season on harlequin ducks is closed. For coots, the 
daily bag limit is 25. For snipe, the Tribe usually proposes that the 
season start on September 15, 2018, and end on January 15, 2019. The 
daily bag limit for snipe would be eight. For band-tailed pigeon, the 
Tribe usually proposes that the season start on September 1 and end on 
December 31, 2018. The daily bag limit would be five. The possession 
limit would be twice the daily bag limit.
    The Tribe usually proposes a season on geese starting September 15, 
2018, and ending on January 15, 2019. The daily bag limit for geese 
would be four, including no more than two snow geese. The season on 
Aleutian and cackling Canada geese would be closed. For brant, the 
Tribe usually proposes that the season start on September 1 and end on 
December 31, 2018. The daily bag limit for brant would be two. The 
possession limit would be twice the daily bag limit.
    We propose to approve the Tribe's 2018-19 special migratory bird 
hunting regulations, upon receipt of their proposal.

(w) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal 
Members Only)

    The Stillaguamish Tribe of Indians and the Service have cooperated 
to establish special regulations for migratory game birds since 2001. 
For the 2018-19 season, the Tribe requests regulations to hunt all open 
and unclaimed lands under the Treaty of Point Elliott of January 22, 
1855, including their main hunting grounds around Camano Island, Skagit 
Flats, and Port Susan to the border of the Tulalip Tribes Reservation. 
Ceded lands are located in Whatcom, Skagit, Snohomish, and Kings 
Counties, and a portion of Pierce County, Washington. The Stillaguamish 
Tribe of Indians is a federally recognized Tribe and reserves the 
Treaty Right to hunt (U.S. v. Washington).
    The Tribe proposes their duck (including mergansers and coot) and 
goose seasons run from October 1, 2018, to March 10, 2019. The daily 
bag limit on ducks (including sea ducks and mergansers) is 10. The 
daily bag limit for coot is 25. For geese, the daily bag limit is six. 
The season on brant is closed. Possession limits are totals of these 
three daily bag limits.
    The Tribe proposes the snipe seasons run from October 1, 2018, to 
January 31, 2019. The daily bag limit for snipe is 10. Possession 
limits are three times the daily bag limit.
    Harvest is regulated by a punch card system. Tribal members hunting 
on lands under this proposal will observe all basic Federal migratory 
bird hunting regulations found in 50 CFR part 20, which will be 
enforced by the Stillaguamish Tribal law enforcement. Tribal members 
are required to use steel shot or a nontoxic shot as required by 
Federal regulations.
    The Tribe anticipates a total harvest of 200 ducks, 100 geese, 50 
mergansers, 100 coots, and 100 snipe. Anticipated harvest needs include 
subsistence and ceremonial needs. Certain species may be closed to 
hunting for conservation purposes, and consideration for the needs of 
certain species will be addressed.
    The Service proposes to approve the Stillaguamish Tribe's request 
for 2018-19 special migratory bird hunting regulations.

(x) Swinomish Indian Tribal Community, LaConner, Washington (Tribal 
Members Only)

    In 1996, the Service and the Swinomish Indian Tribal Community 
began cooperating to establish special regulations for migratory bird 
hunting. The Swinomish Indian Tribal Community is a federally 
recognized Indian Tribe consisting of the Swinomish, Lower Skagit, 
Samish, and Kikialous. The Swinomish Reservation was established by the 
Treaty of Point Elliott of January 22, 1855, and lies in the Puget 
Sound area north of Seattle, Washington.
    For the 2018-19 season, the Tribal Community requests to establish 
a migratory bird hunting season on all areas that are open and 
unclaimed and consistent with the meaning of the treaty. The Tribe 
proposes their duck (including mergansers and coot) and goose seasons 
run from September 1, 2018, to March 9, 2019. The daily bag limit on 
ducks is 20. The daily bag limit for coot is 25. For geese, the daily 
bag limit is 10. The season on brant runs from September 1, 2018, to 
March 9, 2019. The daily bag limit is 5.
    The Tribe proposes the snipe season run from September 1, 2018, to 
March 9, 2019. The daily bag limit for snipe is 15. The Tribe proposes 
the mourning dove season run from September 1, 2018, to March 9, 2019. 
The daily bag limit for mourning dove is 15. The Tribe proposes the 
band-tailed pigeon season run from September 1, 2018, to March 9, 2019. 
The daily bag limit for band-

[[Page 23881]]

tailed pigeon is three. The Swinomish Indian Tribal Community requests 
to have no possession limits.
    The Community anticipates that the regulations will result in the 
harvest of approximately 600 ducks and 200 geese. The Swinomish utilize 
a report card and permit system to monitor harvest and will implement 
steps to limit harvest where conservation is needed. All tribal 
regulations will be enforced by tribal fish and game officers.
    We propose to approve these 2018-19 special migratory bird hunting 
regulations.

(y) The Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington (Tribal Members Only)

    The Tulalip Tribes are the successors in interest to the Tribes and 
bands signatory to the Treaty of Point Elliott of January 22, 1855. The 
Tulalip Tribes' government is located on the Tulalip Indian Reservation 
just north of the City of Everett in Snohomish County, Washington. The 
Tribes or individual tribal members own all of the land on the 
reservation, and they have full wildlife management authority. All 
lands within the boundaries of the Tulalip Tribes Reservation are 
closed to nonmember hunting unless opened by Tulalip Tribal 
regulations.
    For ducks, mergansers, coot, and snipe, the Tribe proposes seasons 
for tribal members from September 1, 2018, through February 28, 2019. 
Daily bag and possession limits would be 15 and 30 ducks, respectively, 
except that for blue-winged teal, canvasback, harlequin, pintail, and 
wood duck, the bag and possession limits would be the same as those 
established in accordance with final Federal frameworks. For coot, 
daily bag and possession limits are 25 and 50, respectively, and for 
snipe 8 and 16, respectively. Ceremonial hunting may be authorized by 
the Department of Natural Resources at any time upon application of a 
qualified tribal member. Such a hunt must have a bag limit designed to 
limit harvest only to those birds necessary to provide for the 
ceremony.
    For geese, tribal members propose a season from September 1, 2018, 
through February 28, 2019. The goose daily bag and possession limits 
would be 10 and 20, respectively, except that the bag limits for brant, 
cackling Canada geese, and dusky Canada geese would be those 
established in accordance with final Federal frameworks.
    All hunters on Tulalip Tribal lands are required to adhere to 
shooting hour regulations set at one-half hour before sunrise to 
sunset, special tribal permit requirements, and a number of other 
tribal regulations enforced by the Tribe. Each nontribal hunter 16 
years of age and older hunting pursuant to Tulalip Tribes' Ordinance 
No. 67 must possess a valid Federal Migratory Bird Hunting and 
Conservation Stamp and a valid State of Washington Migratory Waterfowl 
Stamp. Each hunter must validate stamps by signing across the face.
    Although the season length requested by the Tulalip Tribes appears 
to be quite liberal, harvest information indicates a total take by 
tribal and nontribal hunters of fewer than 1,000 ducks and 500 geese 
annually.
    We propose to approve the Tulalip Tribe's request for 2018-19 
special migratory bird hunting regulations.

(z) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
Members Only)

    The Upper Skagit Indian Tribe and the Service have cooperated to 
establish special regulations for migratory game birds since 2001. The 
Tribe has jurisdiction over lands within Skagit, Island, and Whatcom 
Counties, Washington. The Tribe issues tribal hunters a harvest report 
card that will be shared with the State of Washington.
    For the 2018-19 season, the Tribe requests a duck season starting 
October 1, 2018, and ending February 28, 2019. The Tribe proposes a 
daily bag limit of 15 with a possession limit of 20. The Tribe requests 
a coot season starting October 1, 2018, and ending February 15, 2019. 
The coot daily bag limit is 20 with a possession limit of 30.
    The Tribe proposes a goose season from October 1, 2018, to February 
28, 2019, with a daily bag limit of 7 geese and a possession limit of 
10. For brant, the Tribe proposes a season from November 1 to November 
10, 2018, with a daily bag and possession limit of 2.
    The Tribe proposes a mourning dove season between September 1 and 
December 31, 2018, with a daily bag limit of 12 and possession limit of 
15.
    The anticipated migratory bird harvest under this proposal would be 
100 ducks, 5 geese, 2 brant, and 10 coots. Tribal members must have the 
tribal identification and tribal harvest report card on their person to 
hunt. Tribal members hunting on the Reservation will observe all basic 
Federal migratory bird hunting regulations found in 50 CFR part 20, 
except shooting hours would be 15 minutes before official sunrise to 15 
minutes after official sunset.
    We propose to approve the Tribe's 2018-19 special migratory bird 
hunting regulations.

(aa) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal 
Members Only)

    The Wampanoag Tribe of Gay Head is a federally recognized Tribe 
located on the island of Martha's Vineyard in Massachusetts. The Tribe 
has approximately 560 acres of land, which it manages for wildlife 
through its natural resources department. The Tribe also enforces its 
own wildlife laws and regulations through the natural resources 
department.
    The Tribe proposes a duck season of October 8, 2018, through 
February 16, 2019. The Tribe proposes a daily bag limit of eight birds, 
which could include no more than four hen mallards, four mottled ducks, 
one fulvous whistling duck, four mergansers, three scaup, two hooded 
mergansers, three wood ducks, one canvasback, two redheads, two 
pintail, and four of all other species not listed. The season for 
harlequin ducks is closed. The Tribe proposes a teal (green-winged and 
blue) season of October 8, 2018, through February 16, 2019. A daily bag 
limit of 10 teal would be in addition to the daily bag limit for ducks.
    For sea ducks, the Tribe proposes a season between October 1, 2018, 
and February 16, 2019, with a daily bag limit of seven, which could 
include no more than one hen eider and four of any one species unless 
otherwise noted above.
    For Canada geese, the Tribe requests a season between September 3 
and September 15, 2018, and between October 22, 2018, and February 16, 
2019, with a daily bag limit of eight Canada geese. For snow geese, the 
tribe requests a season between September 3 and September 13, 2018, and 
between November 19, 2018, and February 16, 2019, with a daily bag 
limit of 15 snow geese.
    For woodcock, the Tribe proposes a season between October 8 and 
November 24, 2018, with a daily bag limit of three. For sora and 
Virginia rails, the Tribe usually requests a season of September 3, 
2018, through November 3, 2018, with a daily bag limit of 5 sora and 10 
Virginia rails. For snipe, the Tribe usually requests a season of 
September 3, 2018, through December 8, 2018, with a daily bag limit of 
eight.
    Prior to 2012, the Tribe had 22 registered tribal hunters and 
estimates harvest to be no more than 15 geese, 25 mallards, 25 teal, 50 
black ducks, and 50 of all other species combined. Tribal members 
hunting on the Reservation will observe all basic Federal migratory 
bird hunting regulations found in 50 CFR part 20. The Tribe requires 
hunters

[[Page 23882]]

to register with the Harvest Information Program.
    We propose to approve the Tribe's 2018-19 special migratory bird 
hunting regulations.

(bb) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal Members 
Only)

    The White Earth Band of Ojibwe is a federally recognized tribe 
located in northwest Minnesota and encompasses all of Mahnomen County 
and parts of Becker and Clearwater Counties. The reservation employs 
conservation officers to enforce migratory bird regulations. The Tribe 
and the Service first cooperated to establish special tribal 
regulations in 1999.
    For the 2018-19 migratory bird hunting season, the White Earth Band 
of Ojibwe requests a duck season to start September 8 and end December 
16, 2018. For ducks, they request a daily bag limit of 10, including no 
more than 2 hen mallards, 2 pintail, and 2 canvasback. For mergansers, 
the Tribe proposes the season to start September 8 and end December 16, 
2018. The merganser daily bag limit would be five, with no more than 
two hooded mergansers. For geese, the Tribe proposes an early season 
from September 1 through September 21, 2018, and a late season from 
September 22 through December 16, 2018. The early season daily bag 
limit is 10 geese, and the late season daily bag limit is 5 geese.
    For coots, the Tribe proposes a September 1 through November 30, 
2018, season with daily bag limits of 20 coots. For snipe, woodcock, 
rail, and mourning dove, the Tribe proposes a September 1 through 
November 30, 2018, season with daily bag limits of 10, 10, 25, and 25 
respectively. Shooting hours are one-half hour before sunrise to one-
half hour after sunset. Nontoxic shot is required.
    Based on past harvest surveys, the Tribe anticipates harvest of 
1,000 to 2,000 Canada geese and 1,000 to 1,500 ducks. The White Earth 
Reservation Tribal Council employs four full-time conservation officers 
to enforce migratory bird regulations.
    We propose to approve the Tribe's 2018-19 special migratory bird 
hunting regulations.

(cc) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)

    The White Mountain Apache Tribe owns all reservation lands, and the 
Tribe has recognized full wildlife management authority.
    The hunting zone for waterfowl is restricted and is described as: 
The length of the Black River west of the Bonito Creek and Black River 
confluence and the entire length of the Salt River forming the southern 
boundary of the reservation; the White River, extending from the Canyon 
Day Stockman Station to the Salt River; and all stock ponds located 
within Wildlife Management Units 4, 5, 6, and 7. Tanks located below 
the Mogollon Rim, within Wildlife Management Units 2 and 3, will be 
open to waterfowl hunting during the 2018-19 season. The length of the 
Black River east of the Black River/Bonito Creek confluence is closed 
to waterfowl hunting. All other waters of the reservation would be 
closed to waterfowl hunting for the 2018-19 season.
    We have yet to hear from the White Mountain Apache Tribe. For 
nontribal and tribal hunters, the Tribe usually proposes a continuous 
duck, coot, merganser, gallinule, and moorhen hunting season, with an 
opening date of October 14, 2018, and a closing date of January 28, 
2019. The season on scaup would usually open November 4, 2018, and end 
January 28, 2019. The Tribe usually proposes a daily duck (including 
mergansers) bag limit of seven, which may include no more than two 
redheads, two pintail, three scaup (when open), seven mallards 
(including no more than two hen mallards), and two canvasback. The 
daily bag limit for coots, gallinules, and moorhens would be 25, singly 
or in the aggregate.
    For geese, the Tribe usually proposes a season from October 14, 
2018, through January 28, 2019. Hunting would be limited to Canada 
geese, and the daily bag limit would be three.
    Season dates for band-tailed pigeons and mourning doves would 
usually start September 1 and end September 15, 2018, in Wildlife 
Management Unit 10 and all areas south of Y-70 and Y-10 in Wildlife 
Management Unit 7, only. Proposed daily bag limits for band-tailed 
pigeons and mourning doves would be 3 and 10, respectively.
    Possession limits for the above species are twice the daily bag 
limits. Shooting hours would be from one-half hour before sunrise to 
sunset. There would be no open season for sandhill cranes, rails, and 
snipe on the White Mountain Apache lands under this proposal.
    A number of special regulations apply to tribal and nontribal 
hunters, which may be obtained from the White Mountain Apache Tribe 
Game and Fish Department.
    We plan to approve the White Mountain Apache Tribe's requested 
2018-19 special migratory bird hunting regulations, upon receipt of 
their proposal.

Public Comments

    The Department of the Interior's policy is, whenever possible, to 
afford the public an opportunity to participate in the rulemaking 
process. Accordingly, we invite interested persons to submit written 
comments, suggestions, or recommendations regarding the proposed 
regulations. Before promulgating final migratory game bird hunting 
regulations, we will consider all comments we receive. These comments, 
and any additional information we receive, may lead to final 
regulations that differ from these proposals.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We will not accept 
comments sent by email or fax. We will not consider hand-delivered 
comments that we do not receive, or mailed comments that are not 
postmarked, by the date specified in DATES.
    We will post all comments in their entirety--including your 
personal identifying information--on https://www.regulations.gov. Before 
including your address, phone number, email address, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Division of Migratory Bird Management, 5275 Leesburg 
Pike, Falls Church, VA 22041-3803.
    We will consider, but possibly may not respond in detail to, each 
comment. As in the past, we will summarize all comments we receive 
during the comment period and respond to them after the closing date in 
the preamble of a final rule.

Required Determinations

    Based on our most current data, we are affirming our required 
determinations made in the August 3 and October 3 proposed rules; for 
descriptions of our actions to ensure compliance with the following 
statutes

[[Page 23883]]

and Executive Orders, see our August 3, 2017, proposed rule (82 FR 
36308):
     National Environmental Policy Act (NEPA) Consideration;
     Endangered Species Act Consideration;
     Regulatory Flexibility Act;
     Small Business Regulatory Enforcement Fairness Act;
     Paperwork Reduction Act of 1995;
     Unfunded Mandates Reform Act;
     Executive Orders 12630, 12866, 12988, 13132, 13175, 13211, 
13563, and 13771.

List of Subjects in 50 CFR Part 20

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

    The rules that eventually will be promulgated for the 2018-19 
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742 
a-j.

    Dated: May 14, 2018.
Susan Combs,
Senior Advisor to the Secretary, Exercising the Authority of the 
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2018-10949 Filed 5-22-18; 8:45 am]
 BILLING CODE 4333-15-P