Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2018-19 Season, 42789-42802 [2018-18382]
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Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations
clause. The comment recommended
elimination of the clause, as it is
unnecessary. Subsequently, the DoD
Task Force reviewed the requirements
of DFARS clause 252.247–7006,
Removal of Contractor’s Employees, and
determined that the DFARS coverage
was unnecessary and recommended
removal.
III. Applicability to Contracts At or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule only removes obsolete
DFARS clause 252.247–7006, Removal
of Contractor’s Employees. Therefore,
the rule does not impose any new
requirements on contracts at or below
the simplified acquisition threshold and
for commercial items, including
commercially available off-the-shelf
items.
IV. Executive Orders 12866 and 13563
E.O. 12866, Regulatory Planning and
Review, and E.O. 13563, Improving
Regulation and Regulatory Review,
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Office of Management
and Budget, Office of Information and
Regulatory Affairs (OIRA), has
determined that this is not a significant
regulatory action as defined under
section 3(f) of E.O. 12866 and, therefore,
was not subject to review under section
6(b). This rule is not a major rule as
defined at 5 U.S.C. 804(2).
sradovich on DSK3GMQ082PROD with RULES
V. Executive Order 13771
This rule is not an E.O. 13771,
Reducing and Controlling Regulatory
Costs, regulatory action, because this
rule is not significant under E.O. 12866.
VI. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the Federal Acquisition
Regulation (FAR) is Office of Federal
Procurement Policy statute (codified at
title 41 of the United States Code).
Specifically, 41 U.S.C. 1707(a)(1)
requires that a procurement policy,
regulation, procedure or form (including
an amendment or modification thereof)
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must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because DoD is not issuing a
new regulation; rather, this rule merely
removes an obsolete requirement from
the DFARS.
VII. Regulatory Flexibility Act
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under 41 U.S.C.
1707(a)(1) (see section VI. of this
preamble), the analytical requirements
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) are not applicable.
Accordingly, no regulatory flexibility
analysis is required and none has been
prepared.
VIII. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 247 and
252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 247 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 247 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 247—TRANSPORTATION
247.270–4
[Amended]
1. Amend section 247.270–4 by—
a. Removing paragraph (f); and
b. Redesignating paragraph (g) as
paragraph (f).
■
■
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.247–7006
[Removed and Reserved]
2. Remove and reserve section
252.247–7006.
■
252.247–7007
[Amended]
3. Amend section 252.247–7007, in
the introductory text, by removing
■
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‘‘247.270–4(g)’’ and adding ‘‘247.270–
(f)’’ in its place.
[FR Doc. 2018–18247 Filed 8–23–18; 8:45 am]
BILLING CODE 6820–ep–P
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; Migratory Bird
Hunting Regulations on Certain
Federal Indian Reservations and
Ceded Lands for the 2018–19 Season
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
This rule prescribes special
migratory bird hunting regulations for
certain Tribes on Federal Indian
reservations, off-reservation trust lands,
and ceded lands. This rule responds to
tribal requests for U.S. Fish and Wildlife
Service (hereinafter Service or we)
recognition of their authority to regulate
hunting under established guidelines.
This rule allows the establishment of
season bag limits and, thus, harvest at
levels compatible with populations and
habitat conditions.
DATES: This rule takes effect on August
24, 2018.
ADDRESSES: You may inspect comments
received on the special hunting
regulations and Tribal proposals during
normal business hours at U.S. Fish and
Wildlife Headquarters, 5275 Leesburg
Pike, Falls Church, VA 22041–3803, or
at https://www.regulations.gov at Docket
No. FWS–HQ–MB–2017–0028.
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:
SUMMARY:
Background
The Migratory Bird Treaty Act
(MBTA) of July 3, 1918 (16 U.S.C. 703
et seq.), authorizes and directs the
Secretary of the Department of the
Interior, having due regard for the zones
of temperature and for the distribution,
abundance, economic value, breeding
habits, and times and lines of flight of
migratory game birds, to determine
when, to what extent, and by what
means such birds or any part, nest, or
egg thereof may be taken, hunted,
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captured, killed, possessed, sold,
purchased, shipped, carried, exported,
or transported.
In the May 23, 2018, Federal Register
(83 FR 23869), we proposed special
migratory bird hunting regulations for
the 2018–19 hunting season for certain
Indian tribes, under the guidelines
described in the June 4, 1985, Federal
Register (50 FR 23467). The guidelines
respond to tribal requests for Service
recognition of their reserved hunting
rights, and for some tribes, recognition
of their authority to regulate hunting by
both tribal members and nonmembers
on their reservations. The guidelines
include possibilities for:
(1) On-reservation hunting by both
tribal members and nonmembers, with
hunting by nontribal members on some
reservations to take place within Federal
frameworks but on dates different from
those selected by the surrounding
State(s);
(2) On-reservation hunting by tribal
members only, outside of usual Federal
frameworks for season dates and length,
and for daily bag and possession limits;
and
(3) Off-reservation hunting by tribal
members on ceded lands, outside of
usual framework dates and season
length, with some added flexibility in
daily bag and possession limits.
In all cases, the regulations
established under the guidelines must
be consistent with the March 10–
September 1 closed season mandated by
the 1916 Migratory Bird Treaty with
Canada.
In the August 3, 2017, Federal
Register (82 FR 36308), we requested
that tribes desiring special hunting
regulations in the 2018–19 hunting
season submit a proposal including
details on:
(1) Harvest anticipated under the
requested regulations;
(2) Methods that would be employed
to measure or monitor harvest (such as
bag checks, mail questionnaires, etc.);
(3) Steps that would be taken to limit
level of harvest, where it could be
shown that failure to limit such harvest
would adversely impact the migratory
bird resource; and
(4) Tribal capabilities to establish and
enforce migratory bird hunting
regulations.
No action is required if a tribe wishes
to observe the hunting regulations
established by the State(s) in which an
Indian reservation is located. We have
successfully used the guidelines since
the 1985–86 hunting season. We
finalized the guidelines beginning with
the 1988–89 hunting season (August 18,
1988, Federal Register [53 FR 31612]).
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The final rule described here is the
final in the series of proposed and final
rulemaking documents for Migratory
Bird Hunting Regulations on Certain
Federal Indian Reservations and Ceded
Lands for the 2018–19 Season. This rule
sets hunting seasons, hours, areas, and
limits for migratory game bird species
on reservations and ceded territories.
This final rule is the culmination of the
rulemaking process for the Tribal
migratory game bird hunting seasons,
which started with the August 3, 2017,
proposed rule. This final rule sets the
Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and
Ceded Lands for the 2018–19 Season.
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-andpublications/population-status.php. We
used the following reports: Adaptive
Harvest Management, 2018 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).
Comments and Issues Concerning
Tribal Proposals
For the 2018–19 migratory bird
hunting season, we proposed
regulations for 30 Tribes or Indian
groups that followed the 1985
guidelines and were considered
appropriate for final rulemaking.
However, at that time, we noted in the
May 23 proposed rule that we were
proposing seasons for six Tribes who
have submitted proposals in past years
but from whom we had not yet received
proposals this year. We did not receive
proposals from three of those Tribes
and, therefore, have not included them
in this final rule.
The comment period for the May 23
proposed rule closed on June 22, 2018.
We received five comments on our May
23 proposed rule, which announced
proposed seasons for migratory bird
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hunting by American Indian Tribes.
Significant comments are addressed
below.
Written Comments: The Wisconsin
Department of Natural Resources
(WDNR) reiterated their past comments
of being strongly opposed to allowing
the use of electronic calls, hand nets,
and snares on ceded lands (see February
5, 2018, Federal Register (83 FR 5037)
for additional details). They stated that
if approved, they should only be
allowed on tribal lands, not State public
lands, where the possibility of potential
conflicts exists.
The Great Lakes Indian Fish and
Wildlife Commission (GLIFWC)
supported the proposed regulations and
urged the timely approval and
publishing of a final rule prior to the
scheduled September 1, 2018, opening
of the seasons.
Several individuals also provided
comment. One commenter protested the
entire migratory bird hunting
regulations process and the killing of all
migratory birds. Another commenter
believed we should approve the
proposed special migratory bird hunting
Tribal seasons, while another believed
we needed to publish the final tribal
regulations prior to the season opening
of September 1, 2018, unlike the
previous year.
Service Response: In the February 5,
2018, Federal Register (83 FR 5037), we
responded in detail to WDNR’s
comments regarding our approval of the
GLIFWC’s proposal. However, as an aid
to the reader, we again summarize and
respond here.
Allowing electronic calls. In the 1837
and 1842 Treaty Areas, GLIFWC
proposes allowing an experimental
application of electronic calls with up to
50 Tribal hunters allowed to use the
devices. Individuals using electronic
calls will be required to obtain a special
Tribal permit, complete a hunt diary for
each hunt where the devices are used,
and submit the hunt diary to the
Commission within 2 weeks of the end
of the season in order to be eligible to
obtain a permit for the following year.
GLIFWC will require hunters to record
the date, time, and location of each
hunt; the number of hunters; the
number of each species harvested per
hunting event; if other hunters were in
the area, any interactions with other
hunters; and other information GLIFWC
deems appropriate. GLIFWC will then
summarize the diary results and submit
a report to the Service. Barring
unforeseen results, GLIFWC proposes
that this experimental application be
replicated for 3 years, after which a full
evaluation would be completed.
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As we have stated over the last 7 years
(76 FR 54676, September 1, 2011; 77 FR
54451, September 5, 2012; 78 FR 53218,
August 28, 2013; 79 FR 52226,
September 3, 2014; 80 FR 52663,
September 1, 2015; 81 FR 62404,
September 9, 2016; 83 FR 5037,
February 5, 2018), the issue of allowing
electronic calls and other electronic
devices for migratory game bird hunting
has been highly debated and highly
controversial over the last 40 years,
similar to other prohibited hunting
methods. Electronic calls, i.e., the use or
aid of recorded or electronic amplified
bird calls or sounds, or recorded or
electrically amplified imitations of bird
calls or sounds to lure or attract
migratory game birds to hunters, were
Federally prohibited in 1957, because of
their effectiveness in attracting and
aiding the harvest of ducks and geese
and because they are generally not
considered a legitimate component of
hunting (see restriction in 50 CFR
20.21(g)).
In our previous responses on this
issue, we have also discussed
information stemming from the use of
electronic calls during the special lightgoose seasons and our conclusions as to
its applicability to most other waterfowl
species. Given available evidence on the
effectiveness of electronic calls, we
continue to be concerned about the large
biological uncertainty surrounding any
widespread use of electronic calls.
Additionally, given the fact that tribal
waterfowl hunting covered by this rule
would occur on ceded lands that are not
in the ownership of the Tribes, we
remain concerned that the use of
electronic calls to take waterfowl could
lead to confusion on the part of the
public, wildlife-management agencies,
and law enforcement officials in
implementing the requirements of 50
CFR part 20. Further, similar to the
impacts of baiting, we have some
concerns on the uncertain zone of
influence range from the use of
electronic calls, which could potentially
increase harvest from non-tribal hunters
operating within areas where electronic
calls are used during the dates of the
general hunt. However, unlike baiting,
once the electronic call is removed from
an area, the attractant or lure is
immediately removed with presumably
little to no lingering effects.
Notwithstanding our above concerns,
we understand and appreciate
GLIFWC’s position on this issue; their
desire to increase tribal hunter
opportunity, harvest, and participation;
and the importance that GLIFWC has
ascribed to these issues. GLIFWC has
proposed a limited use of electronic
calls under an experimental design with
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up to only 50 Tribal hunters wherein
hunters would be required to obtain
special permits and complete and
submit a hunt diary for each hunt where
electronic calls were used. Further,
given GLIFWC’s extremely limited
current and expected waterfowl harvest
(fewer than 3,000 ducks and 600 geese)
and hunter participation (limited to 50
hunters), our concerns for any potential
biological impacts are significantly
lessened. Therefore, we agree with the
tribes that much of the large uncertainty
surrounding any widespread use of
electronic calls could be potentially
controlled, or significantly lessened, by
this very modest experiment.
Thus, we are approving GLIFWC’s
limited experimental approach with the
hope of gaining additional information
and knowledge about the use of
electronic calls and their effects on
waterfowl. Ideally, this limited
approach includes utilizing electronic
calls both for Canada geese (where they
may already be used in some instances)
and new efforts for ducks. Important
data related to tribal hunter interest,
participation, effects on targeted
species, and harvest needs are to be
closely tracked and reported, as
GLIFWC has agreed. We conclude that
the experimental removal of the
electronic call prohibition, with the
proposed limited design, is consistent
with helping address and answer some
of our long-standing concerns, and thus
we approve GLIFWC’s proposal to allow
the experimental use of electronic calls
in the 1837 and 1842 Treaty Areas for
any open season for a 3-year
experimental period.
Use of hand-held nets and snares.
GLIFWC proposed that we allow tribal
members to take migratory birds
(primarily waterfowl) with the use of
hand-held nets, hand-held snares, and
the capturing of birds by hand in the
1837 and 1842 Treaty Areas. GLIFWC’s
proposal for the use of nets and snares
and capturing by hand would include
the take of birds at night. Non-attended
nets or snares would not be authorized
under this proposal. Tribal members
using nets or snares to take migratory
birds, or taking birds by hand, would be
required to obtain a special Tribal
permit, complete a hunt diary for each
hunt where these methods are used, and
submit the hunt diary to the
Commission within 2 weeks of the end
of the season in order to be eligible to
obtain a permit to net migratory birds
for the following year. GLIFWC-required
information would include the date,
time, and location of the hunt; number
of hunters; the number of each species
harvested per hunting event; and other
information GLIFWC deems
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appropriate. Diary results would then be
summarized and documented in a
GLIFWC report, which would be
submitted to the Service. Barring
unforeseen results, GLIFWC proposes
that this experimental application be
replicated for 3 years, after which a full
evaluation would be completed.
Current regulations at 50 CFR part 20
do not allow the use of traps, nets, or
snares to capture migratory game birds
(see § 20.21(a)), and we are unaware of
any current State regulations allowing
the use of traps for the capture of
resident game birds. While the use of
traps or nets for birds is not generally
considered a sport-hunting technique,
we recognize that their use may be a
customary and traditional hunting
method by tribal members. Further,
GLIFWC’s netting and trapping proposal
does not allow baiting (which could
lead to concerns related to potential
disease transmission) or the herding of
waterfowl into traps when they are
largely flightless, such as during the
summer molt. Practices such as these
would significantly increase our
concerns. As such, and recognizing the
importance GLIFWC has placed on this
issue, we are not opposed to the
trapping of migratory birds, especially
given all the GLIFWC-proposed
restrictions on their use and the fact that
they will be monitored at all times.
Thus, we agree with the GLIFWC
proposal and conclude that the
restrictions they have proposed are
appropriate to begin a 3-year
experimental evaluation.
Use of hunter diaries. For both use of
electronic calls and hand-nets and
snares, GLIFWC has proposed that
hunters be required to complete and
submit a hunt diary in order to receive
a special hunting permit the following
year. Despite commenters stating that
these tribal self-reporting requirements
have not been productive in the past,
this methodology, with GLIFWC’s
commitment, will provide us with
useful information to help assess the
program’s effectiveness, user conflicts,
hunter participation, and harvest. Given
the relatively small size of the program
and the anticipated participation and
harvest, we see little need for GLIFWC
staff to conduct field observations as
States or Flyways (with thousands of
hunters and potentially tens of
thousands in anticipated harvest) have
done for other experimental seasons.
However, if we see that either the
quality of information being yielded is
not sufficient for our purposes or the
level of impacts is more than
anticipated and may warrant field
observers and/or a more rigorous study
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approach, we will work with GLIFWC to
address these issues.
Limiting activities to Tribal lands.
WDNR requested that any of GLIWFC’s
proposals, if approved, be limited to
Tribal lands only, or be prohibited on
all State lands. They state that allowing
the use of electronic calls, hand-held
nets, and snares on all ceded lands
increases the potential for conflicts with
the general hunting public and creates
a challenge for law enforcement. While
we acknowledge that the potential for
conflict exists, limiting GLIFWC’s
proposals to either Tribal lands only or
non-State lands would severely limit
GLIFWC’s available hunting options.
Some member tribes have relatively
small reservations. State and County
lands are a large and important
component of ceded lands. Further,
other hunting rights are exercised on
ceded lands, along with methods and
means not available to the general
hunting public. Given the above and the
very limited nature of the proposed
experiment, we see no justification for
restricting these hunting methods and
means to either Tribal lands or nonState lands.
Individual, more generalized
comments. Our long-term objectives
continue to include providing
opportunities to harvest portions of
certain migratory game bird populations
and to limit harvests to levels
compatible with each population’s
ability to maintain healthy, viable
numbers. Further, there exists a long
history of establishing hunting seasons
for migratory game bird species such as
waterfowl, cranes, woodcock, doves,
and migratory shore and upland game
birds. Tribes, such as those included in
this final rule, have hunted these
species before and since the inception of
our establishment of migratory game
bird hunting seasons. These seasons are
culturally important to them, and
applicable treaties allow for hunting of
these species.
Having taken into account the zones
of temperature and the distribution,
abundance, economic value, breeding
habits, and times and lines of flight of
migratory game birds, we conclude that
the hunting seasons provided for herein
are compatible with the current status of
migratory bird populations and longterm population goals. Additionally, we
are obligated to, and do, give serious
consideration to all information
received as public comment. We
continue to conclude that the current
Flyway-Council system of migratory
bird management is one of the most
longstanding, successful examples of
State-Federal cooperative management
since its establishment in 1952.
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Likewise, the establishment of special
tribal migratory bird hunting regulations
has been a successful Federal-Tribal
partnership since 1988. However, as
always, we continue to seek new ways
to improve the process.
Required Determinations
Executive Order 13771—Reducing
Regulation and Controlling Regulatory
Costs
This final rule is not subject to the
requirements of Executive Order (E.O.)
13771 (82 FR 9339, February 3, 2017)
because this final rule establishes
annual harvest limits related to routine
hunting or fishing.
National Environmental Policy Act
(NEPA) Consideration
The programmatic document,
‘‘Second Final Supplemental
Environmental Impact Statement:
Issuance of Annual Regulations
Permitting the Sport Hunting of
Migratory Birds (EIS 20130139),’’ filed
with the Environmental Protection
Agency (EPA) on May 24, 2013,
addresses NEPA compliance by the
Service for issuance of the annual
framework regulations for hunting of
migratory game bird species. We
published a notice of availability in the
Federal Register on May 31, 2013 (78
FR 32686), and our Record of Decision
on July 26, 2013 (78 FR 45376). We also
address NEPA compliance for waterfowl
hunting frameworks through the annual
preparation of separate environmental
assessments, the most recent being
‘‘Duck Hunting Regulations for 2018–
19,’’ with its corresponding May 2018,
finding of no significant impact. The
programmatic document, as well as the
separate environmental assessment, is
available on our website at https://
www.fws.gov/birds/index.php or from
the person indicated under the caption
FOR FURTHER INFORMATION CONTACT.
Endangered Species Act Consideration
Section 7 of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531
et seq.), provides that, ‘‘The Secretary
shall review other programs
administered by him and utilize such
programs in furtherance of the purposes
of this Act’’ (and) shall ‘‘insure that any
action authorized, funded, or carried out
* * * is not likely to jeopardize the
continued existence of any endangered
species or threatened species or result in
the destruction or adverse modification
of [critical] habitat. * * *.’’
Consequently, we conducted formal
consultations to ensure that actions
resulting from these regulations would
not likely jeopardize the continued
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existence of endangered or threatened
species or result in the destruction or
adverse modification of their critical
habitat. Findings from these
consultations are included in a
biological opinion, which concluded
that the regulations are not likely to
jeopardize the continued existence of
any endangered or threatened species.
Our biological opinions resulting from
this section 7 consultation are public
documents available for public
inspection at the address indicated
under ADDRESSES.
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
E.O. 12866 provides that the Office of
Information and Regulatory Affairs
(OIRA) will review all significant rules.
OIRA has reviewed this rule and has
determined that this rule is significant
because it would have an annual effect
of $100 million or more on the
economy.
E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for
improvements in the nation’s regulatory
system to promote predictability, to
reduce uncertainty, and to use the best,
most innovative, and least burdensome
tools for achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
An economic analysis was prepared
for the 2018–19 season. This analysis
was based on data from the 2011
National Hunting and Fishing Survey,
the most recent year for which data are
available (see discussion under
Regulatory Flexibility Act, below). This
analysis estimated consumer surplus for
three alternatives for duck hunting
(estimates for other species are not
quantified due to lack of data). The
alternatives are (1) issue restrictive
regulations allowing fewer days than
those issued during the 2017–18 season,
(2) issue moderate regulations allowing
more days than those in alternative 1,
and (3) issue liberal regulations
identical to the regulations in the 2017–
18 season. For the 2018–19 season, we
chose Alternative 3, with an estimated
consumer surplus across all flyways of
$334–$440 million with a mid-point
estimate of $387 million. We also chose
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alternative 3 for the 2009–10, the 2010–
11, the 2011–12, the 2012–13, the 2013–
14, the 2014–15, the 2015–16, the 2016–
17, and the 2017–18 seasons. The 2018–
19 analysis is part of the record for this
rule and is available at https://
www.regulations.gov at Docket No.
FWS–HQ–MB–2017–0028.
Regulatory Flexibility Act
The annual migratory bird hunting
regulations have a significant economic
impact on substantial numbers of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). We analyzed
the economic impacts of the annual
hunting regulations on small business
entities in detail as part of the 1981 costbenefit analysis. This analysis was
revised annually from 1990–95. In 1995,
the Service issued a Small Entity
Flexibility Analysis (Analysis), which
was subsequently updated in 1996,
1998, 2004, 2008, 2013, and 2018. The
primary source of information about
hunter expenditures for migratory game
bird hunting is the National Hunting
and Fishing Survey, which is conducted
at 5-year intervals. The 2018 Analysis
was based on the 2011 National Hunting
and Fishing Survey and the U.S.
Department of Commerce’s County
Business Patterns, from which it was
estimated that migratory bird hunters
would spend approximately $1.5 billion
at small businesses in 2018. Copies of
the Analysis are available upon request
from the Division of Migratory Bird
Management (see FOR FURTHER
INFORMATION CONTACT) or from https://
www.regulations.gov at Docket No.
FWS–HQ–MB–2017–0028.
sradovich on DSK3GMQ082PROD with RULES
Small Business Regulatory Enforcement
Fairness Act
This final rule is a major rule under
5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
For the reasons outlined above, this rule
will have an annual effect on the
economy of $100 million or more.
However, because this rule establishes
hunting seasons, we do not plan to defer
the effective date under the exemption
contained in 5 U.S.C. 808(1).
Paperwork Reduction Act
This rule does not contain any new
collection of information that requires
approval by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). OMB has previously approved
the information collection requirements
associated with migratory bird surveys
and the procedures for establishing
annual migratory bird hunting seasons
under the following OMB control
numbers:
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• 1018–0019, ‘‘North American
Woodcock Singing Ground Survey’’
(expires 6/30/2021).
• 1018–0023, ‘‘Migratory Bird
Surveys, 50 CFR 20.20’’ (expires 8/31/
2020). Includes Migratory Bird Harvest
Information Program, Migratory Bird
Hunter Surveys, Sandhill Crane Survey,
and Parts Collection Survey.
• 1018–0171, ‘‘Establishment of
Annual Migratory Bird Hunting
Seasons, 50 CFR part 20’’ (expires 06/
30/2021).
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number.
Unfunded Mandates Reform Act
We have determined and certify, in
compliance with the requirements of the
Unfunded Mandates Reform Act, 2
U.S.C. 1502 et seq., that this rulemaking
will not impose a cost of $100 million
or more in any given year on local or
State government or private entities.
Therefore, this rule is not a ‘‘significant
regulatory action’’ under the Unfunded
Mandates Reform Act.
Civil Justice Reform—Executive Order
12988
The Department, in promulgating this
rule, has determined that this rule will
not unduly burden the judicial system
and that it meets the requirements of
sections 3(a) and 3(b)(2) of E.O. 12988.
Takings Implication Assessment
In accordance with E.O. 12630, this
rule, authorized by the Migratory Bird
Treaty Act, does not have significant
takings implications and does not affect
any constitutionally protected property
rights. This rule will not result in the
physical occupancy of property, the
physical invasion of property, or the
regulatory taking of any property. In
fact, this rule will allow hunters to
exercise otherwise unavailable
privileges and, therefore, reduce
restrictions on the use of private and
public property.
Energy Effects—Executive Order 13211
E.O. 13211 requires agencies to
prepare Statements of Energy Effects
when undertaking certain actions.
While this rule is a significant
regulatory action under E.O. 12866, it is
not expected to adversely affect energy
supplies, distribution, or use. Therefore,
this action is not a significant energy
action and no Statement of Energy
Effects is required.
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Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), E.O.
13175, and 512 DM 2, we have
evaluated possible effects on Federally
recognized Indian tribes and have
determined that there are no effects on
Indian trust resources. We have
consulted with Tribes affected by this
rule.
Federalism Effects
Due to the migratory nature of certain
species of birds, the Federal
Government has been given
responsibility over these species by the
Migratory Bird Treaty Act. We annually
prescribe frameworks from which the
States make selections regarding the
hunting of migratory birds, and we
employ guidelines to establish special
regulations on Federal Indian
reservations and ceded lands. This
process preserves the ability of the
States and tribes to determine which
seasons meet their individual needs.
Any State or Indian tribe may be more
restrictive than the Federal frameworks
at any time. The frameworks are
developed in a cooperative process with
the States and the Flyway Councils.
This process allows States to participate
in the development of frameworks from
which they will make selections,
thereby having an influence on their
own regulations. These rules do not
have a substantial direct effect on fiscal
capacity, change the roles or
responsibilities of Federal or State
governments, or intrude on State policy
or administration. Therefore, in
accordance with E.O. 13132, these
regulations do not have significant
federalism effects and do not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
Regulations Promulgation
The rulemaking process for migratory
game bird hunting, by its nature,
operates under a time constraint as
seasons must be established each year or
hunting seasons remain closed.
However, we intend that the public be
provided extensive opportunity for
public input and involvement in
compliance with Administrative
Procedure Act requirements. Thus,
when the preliminary proposed
rulemaking was published, we
established what we concluded were the
longest periods possible for public
comment and the most opportunities for
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public involvement. We also provided
notification of our participation in
multiple Flyway Council meetings,
opportunities for additional public
review and comment on all Flyway
Council proposals for regulatory change,
and opportunities for additional public
review during the Service Regulations
Committee meeting. Therefore,
sufficient public notice and opportunity
for involvement have been given to
affected persons regarding the migratory
bird hunting frameworks for the 2018–
19 hunting seasons. Further, after
establishment of the final frameworks,
States and Tribes need sufficient time to
conduct their own public processes to
select season dates and limits; to
communicate those selections to us; and
to establish and publicize the necessary
regulations and procedures to
implement their decisions. Thus, if
there were a delay in the effective date
of these regulations after this final
rulemaking, States and Tribes might not
be able to meet their own administrative
needs and requirements.
For the reasons cited above, we find
that ‘‘good cause’’ exists, within the
terms of 5 U.S.C. 553(d)(3) of the
Administrative Procedure Act, and
these frameworks will take effect
immediately upon publication.
Accordingly, with each participating
Tribe having had an opportunity to
participate in selecting the hunting
seasons desired for its reservation or
ceded territory on those species of
migratory birds for which open seasons
are now prescribed, and consideration
having been given to all other relevant
matters presented, certain sections of
title 50, chapter I, subchapter B, part 20,
subpart K, are hereby amended as set
forth below.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
Accordingly, part 20, subchapter B,
chapter I of title 50 of the Code of
Federal Regulations is amended as
follows:
PART 20—MIGRATORY BIRD
HUNTING
1. The authority citation for part 20
continues to read as follows:
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(Note: The following hunting regulations
provided for by 50 CFR 20.110 will not
appear in the Code of Federal Regulations
because of their seasonal nature).
2. Section 20.110 is revised to read as
follows:
00:53 Aug 24, 2018
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(a) Confederated Salish and Kootenai
Tribes, Flathead Indian Reservation,
Pablo, Montana (Tribal Members and
Nontribal Hunters).
Tribal Members Only
Ducks (Including Mergansers)
Season Dates: Open September 1,
2018, through March 9, 2019.
Daily Bag and Possession Limits: The
Tribe does not have specific bag and
possession restrictions for Tribal
members. The season on harlequin duck
is closed.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits:
Same as ducks.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits:
Same as ducks.
Nontribal Hunters
Season Dates: Open September 22,
2018, through January 7, 2019.
Scaup
Season Dates: Open September 22
through December 17, 2018.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, two pintail, three
scaup (when open), two canvasback,
and two redheads. The possession limit
is three times the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25
and 25, respectively.
Geese
Dark Geese
Season Dates: Same as for dark geese.
Daily Bag and Possession Limits: 20
and 60, respectively.
General Conditions: Tribal and
nontribal hunters must comply with all
basic Federal migratory bird hunting
regulations contained in 50 CFR part 20
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regarding manner of taking. In addition,
shooting hours are one-half hour before
sunrise to one-half hour after sunset,
and each waterfowl hunter 16 years of
age or older must carry on his/her
person a valid Migratory Bird Hunting
and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face.
Special regulations established by the
Confederated Salish and Kootenai
Tribes also apply on the reservation.
(b) Fond du Lac Band of Lake
Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only).
Ducks
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.
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
Ducks (Including Mergansers)
Light Geese
Authority: 16 U.S.C. 703 et seq., and 16
U.S.C. 742a–j.
VerDate Sep<11>2014
Unless specifically provided for
below, all of the regulations contained
in 50 CFR part 20 apply to the seasons
listed herein.
Season Dates: Open September 22,
2018, through January 7, 2019.
Daily Bag and Possession Limits: 4
and 12, respectively.
■
■
§ 20.110 Seasons, limits, and other
regulations for certain Federal Indian
reservations, Indian Territory, and ceded
lands.
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.
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
1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and
end November 30, 2018.
Daily Bag Limit: 20 geese.
Reservation
Season Dates: Begin September 1 and
end November 30, 2018.
Daily Bag Limit: 20 geese.
Coots and Common Moorhens (Common
Gallinules)
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.
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Reservation
Season Dates: Begin September 1 and
end November 30, 2018.
Daily Bag Limit: 20 coots and
common moorhens, singly or in the
aggregate.
Sandhill Cranes: 1854 and 1837 Ceded
Territories
Season Dates: Begin September 1 and
end November 30, 2018.
Daily Bag Limit: Two sandhill cranes.
Crane carcass tags are required prior to
hunting.
Sora and Virginia Rails
All Areas
Season Dates: Begin September 1 and
end November 30, 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 Doves
All Areas
Season Dates: Begin September 1 and
end November 30, 2018.
Daily Bag Limit: 30 mourning doves.
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General Conditions
1. While hunting waterfowl, a tribal
member must carry on his/her person a
valid Ceded Territory License.
2. Shooting hours for migratory birds
are one-half hour before sunrise to onehalf hour after sunset.
3. Except as otherwise noted, tribal
members will be required to comply
with tribal codes that will be no less
restrictive than the provisions of
Chapter 10 of the Model Off-Reservation
Code. Except as modified by the Service
rules adopted in response to this
proposal, these amended regulations
parallel Federal requirements in 50 CFR
part 20 as to hunting methods,
transportation, sale, exportation, and
other conditions generally applicable to
migratory bird hunting.
4. Band members in each zone will
comply with State regulations providing
for closed and restricted waterfowl
hunting areas.
5. There are no possession limits for
migratory birds. For purposes of
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enforcing bag limits, all migratory birds
in the possession or custody of band
members on ceded lands will be
considered to have been taken on those
lands unless tagged by a tribal or State
conservation warden as having been
taken on-reservation. All migratory
birds that fall on reservation lands will
not count as part of any off-reservation
bag or possession limit.
(c) Grand Traverse Band of Ottawa
and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only).
Ducks
Season Dates: Open September 1,
2018, through January 20, 2019.
Daily Bag Limit: 35 ducks, which may
include no more than 8 pintail, 4
canvasback, 8 black ducks, 5 hooded
merganser, 8 wood ducks, 8 redheads,
and 20 mallards (only 10 of which may
be hens).
Canada and Snow Geese
Season Dates: Open September 1,
2018, through February 15, 2019.
Daily Bag Limit: 15 geese.
Other Geese (White-Fronted Geese and
Brant)
Season Dates: Open September 20
through December 30, 2018.
Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and
Woodcock
Season Dates: Open September 1
through November 14, 2018.
Daily Bag Limit: 10 rails, 10 snipe,
and 5 woodcock.
Mourning Doves
Season Dates: Open September 1
through November 14, 2018.
Daily Bag Limit: 25 mourning doves.
Sandhill Crane
Season Dates: Open September 1
through November 14, 2018.
Daily Bag Limit: 2 sandhill crane,
with a season limit of 10.
General Conditions: A valid Grand
Traverse Band Tribal license is required
and must be in possession before taking
any wildlife. Shooting hours for
migratory birds are one-half hour before
sunrise to one-half hour after sunset. All
other basic regulations contained in 50
CFR part 20 are valid. Other tribal
regulations apply, and may be obtained
at the tribal office in Suttons Bay,
Michigan.
(d) Great Lakes Indian Fish and
Wildlife Commission, Odanah,
Wisconsin (Tribal Members Only).
The 2018–19 waterfowl hunting
season regulations apply to all treaty
areas (except where noted):
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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: 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.
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.
Common Snipe
Season Dates: Begin September 1 and
end December 31, 2018.
Daily Bag Limit: 16 common snipe.
Woodcock
Season Dates: Begin September 4 and
end December 31, 2018.
Daily Bag Limit: 10 woodcock.
Mourning Dove: 1837 and 1842 Ceded
Territories Only
Season Dates: Begin September 1 and
end November 29, 2018.
Daily Bag Limit: 15 mourning doves.
Sandhill Cranes
Season Dates: Begin September 1 and
end December 31, 2018.
Daily Bag Limit: 2 cranes in the 1837
and 1842 Treaty Area and no season bag
limit; 1 crane with a season bag limit of
3 in the 1836 Treaty Area.
Swans: 1837 and 1842 Ceded Territories
Only
Season Dates: Begin September 1 and
end December 31, 2018.
Daily Bag/Season Limit: 2 swans. All
harvested swans must be registered by
presenting the fully-feathered carcass to
a tribal registration station or GLIFWC
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warden, to be identified to species. If
the total number of trumpeter swans
harvested reaches 10, the swan season
will be closed by emergency tribal rule.
General Conditions
A. All tribal members are required to
obtain a valid tribal waterfowl hunting
permit.
B. Except as otherwise noted, tribal
members are required to comply with
tribal codes that are no less restrictive
than the model ceded territory
conservation codes approved by Federal
courts in the Lac Courte Oreilles v. State
of Wisconsin (Voigt) and Mille Lacs
Band v. State of Minnesota cases.
Chapter 10 in each of these model codes
regulates ceded territory migratory bird
hunting. Both versions of Chapter 10
parallel Federal requirements as to
hunting methods, transportation, sale,
exportation, and other conditions
generally applicable to migratory bird
hunting. They also automatically
incorporate by reference the Federal
migratory bird regulations.
C. Particular regulations of note
include:
1. Nontoxic shot is required for all
waterfowl hunting by tribal members.
2. Tribal members in each zone must
comply with tribal regulations
providing for closed and restricted
waterfowl hunting areas. These
regulations generally incorporate the
same restrictions contained in parallel
State regulations.
3. There are no possession limits,
with the exception of 2 swans (in the
aggregate) and 25 rails (in the aggregate).
For purposes of enforcing bag limits, all
migratory birds in the possession and
custody of tribal members on ceded
lands are considered to have been taken
on those lands unless tagged by a tribal
or State conservation warden as taken
on reservation lands. All migratory birds
that fall on reservation lands do not
count as part of any off-reservation bag
or possession limit.
4. There are no shell limit restrictions.
5. 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. Hunters shall 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 time of day. See #7 below
for further explanation.
6. An experimental application of
electronic calls (e-calls) will be
implemented in the 1837 and 1842
ceded territories. Up to 50 tribal hunters
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will be allowed to use e-calls.
Individuals using e-calls will be
required to obtain a special permit; they
will be required to complete a hunt
diary for each hunt where e-calls are
used; and they will be required to
submit the hunt diary to the
Commission within two (2) weeks of the
end of the season in order to be eligible
to obtain an e-call permit for the
following year. Required information
will include the date, time and location
of the hunt, number of hunters, the
number of each species harvested per
hunting event, if other hunters were in
the area, any interactions with other
hunters, and other information deemed
appropriate. Diary results will be
summarized and documented in a
Commission report, which will be
submitted to the Service. Barring
unforeseen results, this experimental
application would be replicated for 3
years, after which a full evaluation
would be completed.
7. Within the 1837 and 1842 ceded
territories, tribal members will be
allowed to use non-mechanical, handoperated nets (i.e., throw/cast nets or
hand-held nets typically used to land
fish) and/or 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 two (2) weeks of the
end of the season in order to be eligible
to obtain a permit to net migratory birds
for the following year. Required
information will include the date, time
and location of the hunt, number of
hunters, the number of each species
harvested per hunting event, and other
information deemed appropriate. Diary
results will be summarized and
documented in a Commission report,
which will be submitted to the Service.
Barring unforeseen results, this
experimental application would be
replicated for 3 years, after which a full
evaluation would be completed.
(e) Jicarilla Apache Tribe, Jicarilla
Indian Reservation, Dulce, New Mexico
(Tribal Members and Nontribal
Hunters).
Ducks (Including Mergansers)
Season Dates: Open October 6
through November 30, 2018.
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Daily Bag and Possession Limits: The
daily bag limit is seven, including no
more than two hen mallards, two
pintail, two redheads, two canvasback,
and three scaup. The possession limit is
three times the daily bag limit.
Canada Geese
Season Dates: Open October 6
through November 30, 2018.
Daily Bag and Possession Limits: Two
and four, respectively.
General Conditions: Tribal and
nontribal hunters must comply with all
basic Federal migratory bird hunting
regulations in 50 CFR part 20 regarding
shooting hours and manner of taking. In
addition, each waterfowl hunter 16
years of age or older must carry on his/
her person a valid Migratory Bird
Hunting and Conservation Stamp (Duck
Stamp) signed in ink across the stamp
face. Special regulations established by
the Jicarilla Tribe also apply on the
reservation.
(f) Kalispel Tribe, Kalispel
Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters).
Nontribal Hunters on Reservation and
Ceded Lands
Geese
Season Dates: Open September 15
through September 16, 2018; open
September 22 through September 23,
2018; and open October 1, 2018,
through January 8, 2019. During these
periods, days to be hunted are specified
by the Kalispel Tribe. Nontribal hunters
should contact the Tribe for more detail
on hunting days.
Daily Bag and Possession Limits: 5
Canada geese for the early season, and
6 light geese and 4 dark geese, for the
late season. The daily bag limit is 2
brant (when the State’s season is open)
and is in addition to dark goose limits
for the late-season. The possession limit
is twice the daily bag limit.
Ducks
Season Dates: Open September 15,
2018, through September 16, 2018; open
September 22, through September 23,
2018; and open October 1, 2018,
through January 8, 2019.
Scaup
Season Dates: Open October 1, 2018,
through December 25, 2018.
Daily Bag and Possession Limits: 7
ducks, including no more than 2 female
mallards, 2 pintail, 2 canvasback, 3
scaup (when open), and 2 redheads. The
possession limit is twice the daily bag
limit.
General: Tribal members must possess
a validated Migratory Bird Hunting and
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Conservation Stamp and a tribal ceded
lands permit.
(g) Klamath Tribe, Chiloquin, Oregon
(Tribal Members Only).
Canada Geese
Season Dates: Open September 1,
2018, through February 3, 2019.
Daily Bag Limit: Five.
Ducks and Coots
Season Dates: Open October 6, 2018,
through January 31, 2019.
Daily Bag and Possession Limits: 9
and 18, respectively.
White-Fronted Geese, Brant, and Snow
Geese
Season Dates: Open September 7
through December 9, 2018.
Daily Bag Limit: Five.
Geese
Woodcock, Mourning Doves, Snipe, and
Sora and Virginia Rails
Season Dates: Open September 1
through November 11, 2018.
Daily Bag Limit: 5 woodcock and 10
each of the other species.
Season Dates: Open October 6, 2018,
through January 31, 2019.
Daily Bag and Possession Limits: 9
and 18, respectively.
General: Nontoxic shot is required.
Use of live decoys, bait, and commercial
use of migratory birds are prohibited.
Waterfowl may not be pursued or taken
while using motorized craft. Shooting
hours are one-half hour before sunrise to
one-half hour after sunset.
(h) Leech Lake Band of Ojibwe, Cass
Lake, Minnesota (Tribal Members Only).
Ducks
Season Dates: Open September 15
through December 31, 2018.
Daily Bag Limits: 10 ducks, including
no more than 5 pintail, 5 canvasback,
and 5 black ducks.
Geese
Season Dates: Open September 1
through December 31, 2018.
Daily Bag Limits: 10 geese.
General: Possession limits are twice
the daily bag limits. Shooting hours are
one-half hour before sunrise to one-half
hour after sunset. Nontoxic shot is
required. Use of live decoys, bait, and
commercial use of migratory birds are
prohibited. Waterfowl may not be
pursued or taken while using motorized
craft.
(i) Little River Band of Ottawa
Indians, Manistee, Michigan (Tribal
Members Only).
1836 Ceded Territory and Tribal
Reservation
sradovich on DSK3GMQ082PROD with RULES
Ducks
Season Dates: Open September 1,
2018, through January 27, 2019.
Daily Bag Limits: 12 ducks, including
no more than 6 mallards (2 of which
may be hens), 3 black ducks, 3
redheads, 3 wood ducks, 2 pintail, 1
bufflehead, 1 hooded merganser, and 2
canvasback.
Coots and Gallinules
Season Dates: Open September 14,
2018, through January 27, 2019.
Daily Bag Limits: Five coot and five
gallinule.
VerDate Sep<11>2014
00:53 Aug 24, 2018
Jkt 244001
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.
E. Possession limits are twice the
daily bag limits.
(j) The Little Traverse Bay Bands of
Odawa Indians, Petoskey, Michigan
(Tribal Members Only).
Ducks
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limits: 20 ducks, including
no more than 5 hen mallards, 5 black
ducks, 5 redheads, 5 wood ducks, 5
pintail, 5 scaup, and 5 canvasback.
Mergansers
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limits: 10 mergansers,
including no more than 5 hooded
mergansers.
Coots and Gallinules
Season Dates: Open September 15
through December 31, 2018.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
42797
Daily Bag Limit: 20.
Canada Geese
Season Dates: Open September 1,
2018, through February 8, 2019.
Daily Bag Limit: 20 in the aggregate.
Sora and Virginia Rails
Season Dates: Open September 1
through December 31, 2018.
Daily Bag Limit: 20.
Snipe
Season Dates: Open September 1
through December 31, 2018.
Daily Bag Limit: 15.
Mourning Doves
Season Dates: Open September 1
through November 14, 2018.
Daily Bag Limit: 15.
Woodcock
Season Dates: Open September 1
through December 1, 2018.
Daily Bag Limit: 10.
Sandhill Cranes
Season Dates: Open September 1
through December 1, 2018.
Daily Bag Limit: One.
General: Possession limits are twice
the daily bag limits.
(k) Lower Brule Sioux Tribe, Lower
Brule Reservation, Lower Brule, South
Dakota (Tribal Members and Nontribal
Hunters).
Tribal Members
Ducks, Mergansers, and Coots
Season Dates: Open September 1,
2018, through March 10, 2019.
Daily Bag and Possession Limits: Six
ducks, including no more than two hen
mallard and five mallards total, two
pintail, two redheads, two canvasback,
three wood ducks, three scaup, two
bonus teal during October 6 through 21,
2018, and one mottled duck Coot daily
bag limit is 15. Merganser daily bag
limit is five, including no more than two
hooded mergansers. The possession
limit is three times the daily bag limit.
Canada Geese
Season Dates: Open September 1,
2018, through March 10, 2019.
Daily Bag and Possession Limits: 6
and 18, respectively.
White-Fronted Geese
Season Dates: Open September 1,
2018, through March 10, 2019.
Daily Bag and Possession Limits: Two
and six, respectively.
Light Geese
Season Dates: Open September 1,
2018, through March 10, 2019.
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Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations
Geese
Daily Bag Limit: 20.
Nontribal Hunters
Ducks (Including Mergansers and Coots)
Season Dates: Open October 6, 2018,
through January 10, 2019.
Daily Bag and Possession Limits: Six
ducks, including five mallards (no more
of which can be two hen mallard), three
scaup, two canvasback, two redheads,
three wood ducks, one mottled duck,
one pintail, and two bonus blue-winged
teal during October 7, through October
22, 2018. Coot daily bag limit is 15.
Merganser daily bag limit is five,
including no more than two hooded
mergansers. The possession limit is
three times the daily bag limit.
Canada Geese
Season Dates: Open October 27, 2018,
through February 10, 2019.
Daily Bag and Possession Limits: 6
and 18, respectively.
White-Fronted Geese
Season Dates: Open October 27, 2018,
through January 22, 2019.
Daily Bag and Possession Limits: Two
and six, respectively.
Light Geese
Season Dates: Open October 27, 2018,
through February 10, 2019.
Daily Bag and Possession Limits: 50
and no possession limit.
General Conditions: All hunters must
comply with the basic Federal migratory
bird hunting regulations in 50 CFR part
20, including the use of steel shot and
shooting hours. Nontribal hunters must
possess a validated Migratory Bird
Hunting and Conservation Stamp. The
Lower Brule Sioux Tribe has an official
Conservation Code that hunters must
adhere to when hunting in areas subject
to control by the Tribe.
(l) [Reserved]
(m) Makah Indian Tribe, Neah Bay,
Washington (Tribal Members).
sradovich on DSK3GMQ082PROD with RULES
(n) Navajo Nation, Navajo Indian
Reservation, Window Rock, Arizona
(Tribal Members and Nontribal
Hunters).
Band-Tailed Pigeons
Season Dates: Open September 1
through September 30, 2018.
Daily Bag and Possession Limits: 5
and 10 pigeons, respectively.
Ducks (Including Mergansers and Coots)
Ducks and Coots
Season Dates: Open September 22,
2018, through January 27, 2019.
Daily Bag Limit: Seven ducks
including no more than five mallards
(only two of which can be a hen), one
redhead, one pintail, three scaup, and
one canvasback. The seasons on wood
duck and harlequin are closed. The coot
daily bag limit is 25.
Jkt 244001
All other Federal regulations
contained in 50 CFR part 20 apply. The
following restrictions also apply:
1. As per Makah Ordinance 44, only
shotguns may be used to hunt any
species of waterfowl. Additionally,
shotguns must not be discharged within
300 feet 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 use of live decoys and/or
baiting to pursue any species of
waterfowl is prohibited.
4. Only Service approved nontoxic
shot is allowed; the use of lead shot is
prohibited.
5. The use of dogs is permitted to
hunt waterfowl.
6. Shooting hours for all species of
waterfowl are one-half hour before
sunrise to sunset.
7. Open hunting areas are: Makah
Reservation except for designated
wilderness areas and within one mile of
the Cape Flattery and Shi-shi Trails. OffReservation Hunting Areas as specified
in the General Hunting Regulations.
Season Dates: Open September 1
through September 30, 2018.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Season Dates: Open September 22
through October 21, 2018.
Daily Bag Limit: Two band-tailed
pigeons.
00:53 Aug 24, 2018
General Conditions
Mourning Doves
Band-Tailed Pigeons
VerDate Sep<11>2014
Season Dates: Open September 22,
2018, through January 27, 2019.
Daily Bag Limit: Four, including no
more than one brant. The seasons on
Aleutian and dusky Canada geese are
closed.
Season Dates: Open September 22,
2018, through January 7, 2019.
Scaup
Season Dates: Open September 22
through December 17, 2018.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, one mottled duck,
two canvasback, three scaup (when
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
open), two redheads, and one pintail.
Coot daily bag limit is 25. Merganser
daily bag limit is seven. The possession
limit is three times the daily bag limit.
Canada Geese
Season Dates: Open September 22,
2018, through January 7, 2019.
Daily Bag and Possession Limits: 4
and 12, respectively.
General Conditions: Tribal and
nontribal hunters will comply with all
basic Federal migratory bird hunting
regulations in 50 CFR part 20, regarding
shooting hours and manner of taking. In
addition, each waterfowl hunter 16
years of age or over must carry on
his/her person a valid Migratory Bird
Hunting and Conservation Stamp (Duck
Stamp) signed in ink across the face.
Special regulations established by the
Navajo Nation also apply on the
reservation.
(o) Oneida Tribe of Indians of
Wisconsin, Oneida, Wisconsin (Tribal
Members Only).
Ducks (Including Mergansers)
Season Dates: Open September 15
through December 2, 2018.
Daily Bag and Possession Limits: Six,
including no more than six mallards
(three hen mallards), six wood ducks,
one redhead, two pintail, and one
hooded merganser. The possession limit
is twice the daily bag limit.
Geese
Season Dates: Open September 1
through December 31, 2018.
Daily Bag and Possession Limits: 5
Canada geese with a possession limit of
10. A seasonal quota of 500 birds is
adopted. If the quota is reached before
the season concludes, the season will be
closed at that time.
Woodcock
Season Dates: Open September 1
through November 4, 2018.
Daily Bag and Possession Limits: Two
and four woodcock, respectively.
Doves
Season Dates: Open September 1
through November 4, 2018.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
General Conditions: Tribal member
shooting hours are one-half hour before
sunrise to 15 minutes after sunset.
Nontribal members hunting on the
Reservation or on lands under the
jurisdiction of the Tribe must comply
with all State of Wisconsin regulations,
including season dates, shooting hours,
and bag limits, which differ from tribal
member seasons. Tribal members and
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Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations
nontribal members hunting on the
Reservation or on lands under the
jurisdiction of the Tribe will observe all
basic Federal migratory bird hunting
regulations found in 50 CFR part 20,
with the following exceptions: Tribal
members are exempt from the purchase
of the Migratory Waterfowl Hunting and
Conservation Stamp (Duck Stamp); and
shotgun capacity is not limited to three
shells.
(p) Point No Point Treaty Council,
Kingston, Washington (Tribal Members
Only).
Geese
Season Dates: Open September 1,
2018, through March 10, 2019.
Daily Bag and Possession Limits: Four
geese, and may include no more than
three light geese. The season on dusky
Canada geese is closed. Possession limit
is twice the daily bag limit.
Jamestown S’Klallam Tribe
Coots
Season Dates: Open September 1,
2018, through March 10, 2019.
Daily Bag and Possession Limits: 7
and 14 coots, respectively.
Ducks
Season Dates: Open September 1,
2018, through March 10, 2019.
Daily Bag and Possession Limits:
Seven ducks, including no more than
one harlequin duck per season.
Geese
Season Dates: Open September 9,
2018, through March 10, 2019.
Daily Bag and Possession Limits: Four
geese, and may include no more than
three light geese. The season on dusky
Canada geese is closed. Possession limit
is twice the daily bag limit.
Brant
Season Dates: Open January 10
through January 25, 2019.
Daily Bag and Possession Limits: Two
and four, respectively.
Coots
Season Dates: Open September 13,
2018, through February 1, 2019.
Daily Bag and Possession Limits: 25
and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 13,
2018, through January 18, 2019.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Snipe
Season Dates: Open September 13,
2018, through March 10, 2019.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
sradovich on DSK3GMQ082PROD with RULES
Band-Tailed Pigeons
Season Dates: Open September 13,
2018, through January 18, 2019.
Daily Bag and Possession Limits: Two
and four pigeons, respectively.
Port Gamble S’Klallam Tribe
Ducks
Season Dates: Open September 1,
2018, through March 10, 2019.
Daily Bag and Possession Limits:
Seven ducks, including no more than
one harlequin duck per season.
VerDate Sep<11>2014
00:53 Aug 24, 2018
Jkt 244001
Brant
Season Dates: Open November 9,
2018, through January 31, 2019.
Daily Bag and Possession Limits: Two
and four, respectively.
Mourning Doves
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Snipe
Season Dates: Open September 1,
2018, through March 10, 2019.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
Band-Tailed Pigeons
Season Dates: Open September 1,
2018, through March 10, 2019.
Daily Bag and Possession Limits: Two
and four pigeons, respectively.
General: Tribal members must possess
a tribal hunting permit from the Point
No Point Tribal Council pursuant to
tribal law. Hunting hours are from onehalf hour before sunrise to sunset.
Hunters must observe all other basic
Federal migratory bird hunting
regulations in 50 CFR part 20.
(q) The Saginaw Chippewa Indian
Tribe of Michigan, Isabella Reservation,
Mt. Pleasant, Michigan (Tribal Members
Only).
42799
Canada Geese
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limits: 16.
Sora and Virginia Rails
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limits: 20 in the aggregate.
Sandhill Crane
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limits: One.
General: Possession limits are twice
the daily bag limits except for rails, of
which the possession limit equals the
daily bag limit (20). Tribal members
must possess a tribal hunting permit
from the Saginaw Tribe pursuant to
tribal law. Shooting hours are one-half
hour before sunrise until one-half hour
after sunset. Hunters must observe all
other basic Federal migratory bird
hunting regulations in 50 CFR part 20.
(r) Sauk-Suiattle Indian Tribe,
Darrington, Washington (Tribal
Members Only).
Ducks
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limits: 10.
Geese
Mourning Doves
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limit: 25 doves.
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limit: Five geese.
Ducks
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limits: 20, including no
more than 5 hen mallard, 5 wood duck,
5 black duck, 5 pintail, 5 redhead, 5
scaup, and 5 canvasback.
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limit: 25 coots.
Mergansers
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limit: 10, including no
more than 5 hooded mergansers.
PO 00000
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Coots
Brant
Season Dates: Open September 1,
2018, through January 31, 2019.
Daily Bag Limits: Five brant.
General: Shooting hours are one-half
hour before sunrise until one-half hour
after sunset. Hunters must observe all
other basic Federal migratory bird
hunting regulations in 50 CFR part 20.
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Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations
(s) Sault Ste. Marie Tribe of Chippewa
Indians, Sault Ste. Marie, Michigan
(Tribal Members Only).
Mourning Doves
Season Dates: Open September 1
through November 14, 2018.
Daily Bag Limit: 10 doves.
Teal
Season Dates: Open September 1
through December 31, 2018.
Daily Bag Limits: 20 in the aggregate
Ducks
Season Dates: Open September 15
through December 31, 2018.
Daily Bag Limits: 20, including no
more than 10 mallards (only 5 of which
may be hens), 5 canvasback, 5 black
duck, and 5 wood duck.
Mergansers
Season Dates: Open September 1
through December 31, 2018.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1
through December 31, 2018.
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open September 2
through December 1, 2018.
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open September 15
through December 31, 2018.
Daily Bag Limits: 16.
sradovich on DSK3GMQ082PROD with RULES
Sora and Virginia Rails
Season Dates: Open September 1
through December 31, 2018.
Daily Bag Limits: 20 in the aggregate.
General: Possession limits are twice
the daily bag limits except for rails, of
which the possession limit equals the
daily bag limit (20). Tribal members
must possess a tribal hunting permit
from the Sault Ste. Marie Tribe pursuant
to tribal law. Shooting hours are onehalf hour before sunrise until one-half
hour after sunset. Hunters must observe
all other basic Federal migratory bird
hunting regulations in 50 CFR part 20.
(t) Shoshone–Bannock Tribes, Fort
Hall Indian Reservation, Fort Hall,
Idaho (Nontribal Hunters).
Ducks, Including Mergansers
Duck Season Dates: Open October 6,
2018, through January 18, 2019.
Jkt 244001
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25
coots. The possession limit is three
times the daily bag limit.
Coots
Common Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 8
and 24 snipe, respectively.
Mourning Dove
Canada Geese
White-Fronted Geese
Season Dates: Open October 6, 2018,
through January 18, 2019.
Daily Bag and Possession Limits: 10
and 30, respectively.
Geese
00:53 Aug 24, 2018
geese. The season on Aleutian Canada
geese is closed. The possession limit is
twice the daily bag limit.
Season Dates: Open October 6, 2018,
through January 18, 2019.
Daily Bag and Possession Limits: 4
and 12, respectively.
Season Dates: Open September 15
through December 31, 2018.
Daily Bag Limit: 10 in the aggregate.
VerDate Sep<11>2014
Scaup Season Dates: Open October 6,
2018, through December 31, 2018.
Daily Bag and Possession Limits:
Seven ducks and mergansers, including
no more than two hen mallards, two
pintail, three scaup (when open), two
canvasback, and two redheads. The
possession limit is three times the daily
bag limit.
Light Geese
Season Dates: Open October 6, 2018,
through January 18, 2019.
Daily Bag and Possession Limits: 20
and 60, respectively.
General Conditions: Nontribal hunters
must comply with all basic Federal
migratory bird hunting regulations in 50
CFR part 20 regarding shooting hours
and manner of taking. In addition, each
waterfowl hunter 16 years of age or
older must possess a valid Migratory
Bird Hunting and Conservation Stamp
(Duck Stamp) signed in ink across the
stamp face. Other regulations
established by the Shoshone–Bannock
Tribes also apply on the reservation.
(u) Skokomish Tribe, Shelton,
Washington (Tribal Members Only).
Ducks
Season Dates: Open September 16,
2018, through February 28, 2019.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, one pintail, one
canvasback, and two redheads. The
daily bag limit on harlequin duck is one
per season. The possession limit is
twice the daily bag limit.
Geese
Season Dates: Open September 16,
2018, through February 28, 2019.
Daily Bag and Possession Limits: Four
including no more than three light
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Brant
Season Dates: Open November 1,
2018, through February 15, 2019.
Daily Bag and Possession Limits: 2
and 4 brant, respectively.
Season Dates: Open September 16,
2018, through February 28, 2019.
Daily Bag and Possession Limits: 25
and 50 coots, respectively.
Season Dates: Open September 16,
2018, through February 28, 2019.
Daily Bag and Possession Limits: 10
and 20 mourning dove, respectively.
Band-Tailed Pigeon
Season Dates: Open September 16,
2018, through February 28, 2019.
Daily Bag and Possession Limits: Two
and four band-tailed pigeon,
respectively.
Snipe
Season Dates: Open September 16,
2018, through February 28, 2019.
Daily Bag and Possession Limits: 8
and 16 Snipe, respectively.
General Conditions: Tribal members
must possess a tribal hunting permit
from the Skokomish Indian Tribe
pursuant to tribal law. Shooting hours
are one-half hour before sunrise until
sunset. Hunters must observe all other
basic Federal migratory bird hunting
regulations in 50 CFR part 20.
(v) Spokane Tribe of Indians,
Wellpinit, Washington (Tribal Members
Only).
Ducks
Season Dates: Open September 2,
2018, through January 31, 2019.
Daily Bag and Possession Limits:
Seven ducks, including no more than
two hen mallards, two pintail, three
scaup, two canvasback, and two
redheads. The daily bag limit on
harlequin duck is one per season. The
possession limit is twice the daily bag
limit.
Geese
Season Dates: Open September 2,
2018, through January 31, 2019.
Daily Bag and Possession Limits: Four
Canada geese, 10 White-fronted geese,
and 20 light geese. The possession limit
is twice the daily bag limit.
General Conditions: Tribal members
must possess a tribal hunting permit
from the Spokane Indian Tribe pursuant
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Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations
to tribal law. Shooting hours are onehalf hour before sunrise until sunset.
Hunters must observe all other basic
Federal migratory bird hunting
regulations in 50 CFR part 20.
(w) [Reserved]
(x) Stillaguamish Tribe of Indians,
Arlington, Washington (Tribal Members
Only).
Common Snipe
Season Dates: Open October 1, 2018,
through March 10, 2019.
Daily Bag and Possession Limits: 10
and 30, respectively.
Ducks
Season Dates: Open October 1, 2018,
through March 10, 2019.
Daily Bag and Possession Limits: 10
ducks. The possession limit is three
times the daily bag limit.
Coots
Season Dates: Open October 1, 2018,
through March 10, 2019.
Daily Bag and Possession Limits: 25
coots. The possession limit is three
times the daily bag limit.
Geese
Season Dates: Open October 1, 2018,
through March 10, 2019.
Daily Bag and Possession Limits: 6
and 18, respectively. The season on
brant is closed.
General Conditions: Tribal members
hunting on lands will observe all basic
Federal migratory bird hunting
regulations found in 50 CFR part 20,
which will be enforced by the
Stillaguamish Tribal Law Enforcement.
Tribal members are required to use steel
shot or a nontoxic shot as required by
Federal regulations.
(y) Swinomish Indian Tribal
Community, LaConner, Washington
(Tribal Members Only).
Ceded Territory and Swinomish
Reservation
Ducks and Mergansers
Season Dates: Open September 1,
2018, through March 9, 2019.
Daily Bag and Possession Limits: 20
and 40, respectively.
Season Dates: Open September 1,
2018, through March 9, 2019.
Daily Bag and Possession Limits: 25
and 75 coots, respectively.
Mourning Dove
Season Dates: Open September 1,
2018, through March 9, 2019.
Daily Bag and Possession Limits: 15
and 30 mourning dove, respectively.
Band-Tailed Pigeon
Season Dates: Open September 1,
2018, through March 9, 2019.
Daily Bag and Possession Limits:
Three and six band-tailed pigeon,
respectively.
Snipe
Season Dates: Open September 1,
2018, through March 9, 2019.
Daily Bag and Possession Limits: 15
and 30 snipe, respectively.
General Conditions: Shooting hours
are from 30 minutes before sunrise until
30 minutes after sunset. Tribal members
are required to use steel shot or a
nontoxic shot as required by Federal
regulations.
(z) The Tulalip Tribes of Washington,
Tulalip Indian Reservation, Marysville,
Washington (Tribal Members Only).
Ducks and Mergansers
Season Dates: Open September 1,
2018, through February 28, 2019.
Daily Bag and Possession Limits: 15
ducks, including no more than 10
pintail, 10 canvasback, and ten wood
ducks, and 10 blue-winged teal.
Possession limit is twice the daily bag
limit.
Sea Ducks
Ducks
Season Dates: Open October 1, 2018,
through February 28, 2019.
Daily Bag and Possession Limits: 15
and 20, respectively.
Coots
Season Dates: Open October 1, 2018,
through February 15, 2019.
Daily Bag and Possession Limits: 20
and 30, respectively.
Season Dates: Open November 1
through 10, 2018.
Daily Bag and Possession Limits: Two
and two, respectively.
Brant
Season Dates: Open September 1,
2018, through March 9, 2019.
Daily Bag and Possession Limits: 5
and 10 brant, respectively.
Season Dates: Open September 1,
2018, through February 28, 2019.
Daily Bag and Possession Limits: Five
and ten brant, respectively.
Jkt 244001
Mourning Doves
Season Dates: Open September 1
through December 31, 2018.
Daily Bag and Possession Limits: 12
and 15 mourning doves, respectively.
Geese
Brant
00:53 Aug 24, 2018
Snipe
Season Dates: Open September 1,
2018, through February 28, 2019.
Daily Bag and Possession Limits: 8
and 16 snipe, respectively.
General Conditions: All tribal hunters
must have a valid Tribal identification
card on his or her person while hunting.
All nontribal hunters must obtain and
possess while hunting a valid Tulalip
Tribe hunting permit and be
accompanied by a Tulalip Tribal
member. Shooting hours are one-half
hour before sunrise to sunset, and steel
or federally-approved nontoxic shot is
required for all migratory bird hunting.
Hunters must observe all other basic
Federal migratory bird hunting
regulations in 50 CFR part 20.
(aa) Upper Skagit Indian Tribe, Sedro
Woolley, Washington (Tribal Members
Only).
Geese
Season Dates: Open September 1,
2018, through March 9, 2019.
Daily Bag and Possession Limits: 10
and 20 geese, respectively.
VerDate Sep<11>2014
Coots
Season Dates: Open September 1,
2018, through February 28, 2019.
Daily Bag and Possession Limits: 25
and 25 coots, respectively.
Season Dates: Open September 1,
2018, through February 28, 2019.
Daily Bag and Possession Limits: 15
sea ducks, including no more than 10
harlequin. Possession limit is twice the
daily bag limit.
Season Dates: Open September 1,
2018, through February 28, 2019.
Daily Bag and Possession Limits: 15
geese, including no more than 10
Cackling Canada geese or 10 Dusky
Canada geese. Possession limit is twice
the daily bag limit.
Canada Geese
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Season Dates: Open October 1, 2018,
through February 28, 2019.
Daily Bag and Possession Limits: 7
and 10 geese, respectively.
Brant
General Conditions: Tribal members
must have the tribal identification and
harvest report card on their person to
hunt. Tribal members hunting on the
Reservation will observe all basic
Federal migratory bird hunting
regulations found in 50 CFR part 20,
except shooting hours would be 15
minutes before official sunrise to 15
minutes after official sunset.
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Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations
(bb) Wampanoag Tribe of Gay Head,
Aquinnah, Massachusetts (Tribal
Members Only).
Daily Bag Limit for Ducks: 10 ducks,
including no more than 2 female
mallards, 2 pintail, and 2 canvasback.
Teal
Season Dates: Open October 8, 2018,
through February 16, 2019.
Daily Bag Limits: 10 teal.
Mergansers
Ducks
Season Dates: Open October 8, 2018,
through February 16, 2019.
Daily Bag Limits: Six ducks, including
no more than four hen mallards, six
black ducks, four mottled ducks, one
fulvous whistling duck, four
mergansers, three scaup, two hooded
merganser, three wood ducks, one
canvasback, two redheads, and two
pintail. The season is closed for
harlequin ducks.
Sea Ducks
Season Dates: Open October 1, 2018,
through February 16, 2019.
Daily Bag Limits: Seven ducks
including no more than four of any one
species (only one of which may be a hen
eider).
Woodcock
Season Dates: Open October 8
through November 24, 2018.
Daily Bag Limits: Three woodcock.
Geese
Season Dates: Open September 1
through December 15, 2018.
Daily Bag Limit: 10 geese through
September 221, and 5 thereafter.
Coots
Snow Geese
Season Dates: Open September 3
through 13, 2018, and open November
19, 2018, through February 16, 2019.
Daily Bag Limits: 15 snow geese.
Sora and Virginia Rails
Season Dates: Open September 3
through November 3, 2018.
Daily Bag Limits: 5 sora and 10
Virginia rails.
Snipe
Season Dates: Open September 3
through December 8, 2018.
Daily Bag Limits: Eight snipe.
General Conditions: Shooting hours
are one-half hour before sunrise to
sunset. Nontoxic shot is required. All
other basic Federal migratory bird
hunting regulations contained in 50 CFR
part 20 will be observed.
(cc) White Earth Band of Ojibwe,
White Earth, Minnesota (Tribal
Members Only).
Snipe
Season Dates: Open September 1
through November 30, 2018.
Daily Bag Limit: 10 snipe.
Season Dates: Open September 1
through November 30, 2018.
Daily Bag Limit: 25 mourning dove.
Woodcock
Season Dates: Open September 1
through November 30, 2018.
Daily Bag Limit: 10 woodcock.
Rail
Season Dates: Open September 1
through November 30, 2018.
Daily Bag Limit: 25 rail.
General Conditions: Shooting hours
are one-half hour before sunrise to onehalf hour after sunset. Nontoxic shot is
required. All other basic Federal
migratory bird hunting regulations
contained in 50 CFR part 20 will be
observed.
Dated: August 17, 2018.
Andrea Travnicek,
Principal Deputy Assistant Secretary—Water
and Science, Exercising the Authority of the
Assistant Secretary for Fish and Wildlife and
Parks .
[FR Doc. 2018–18382 Filed 8–23–18; 8:45 am]
BILLING CODE 4333–15–P
Ducks
Season Dates: Open September 8
through December 16, 2018.
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National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170817779–8161–02]
RIN 0648–XG444
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pollock in the Bering Sea Subarea
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating
projected unused amounts of Bering Sea
subarea pollock from the incidental
catch allowance to the directed
fisheries. This action is necessary to
allow the 2018 total allowable catch
(TAC) of pollock to be harvested.
DATES: Effective August 21, 2018, until
2400 hrs, A.l.t., December 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2018 pollock incidental catch
allowance in the Bering Sea subarea was
established as 47,888 metric tons (mt)
by the 2018 and 2019 final harvest
specifications for groundfish in the
BSAI (83 FR 8365, February 27, 2018),
and as adjusted by reallocations (83 FR
9235, March 5, 2018), in accordance
with § 679.20(a)(5)(i)(A)(1) and the
American Fisheries Act (AFA) (Pub. L.
105–277, Division C, Title II).
As of August 16, 2018, the
Administrator, Alaska Region, NMFS,
has determined that approximately
19,700 (mt) of pollock remain in the
incidental catch allowance. Based on
projected harvest rates of other
groundfish species and the expected
incidental catch of pollock in those
fisheries, the Regional Administrator
has determined that 2,500 mt of pollock
specified in the incidental catch
allowance will not be necessary as
incidental catch. Therefore, NMFS is
SUMMARY:
Season Dates: Open September 1
through November 30, 2018.
Daily Bag Limit: 20 coots.
Mourning Dove
Canada Geese
Season Dates: Open September 3
through 15, 2018, and open October 22,
2018, through February 16, 2019.
Daily Bag Limits: Eight Canada geese.
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Season Dates: Open September 8
through December 16, 2018.
Daily Bag Limit for Mergansers: Five
mergansers, including no more than two
hooded mergansers.
DEPARTMENT OF COMMERCE
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Agencies
[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Rules and Regulations]
[Pages 42789-42802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18382]
=======================================================================
-----------------------------------------------------------------------
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; Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2018-19
Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule prescribes special migratory bird hunting
regulations for certain Tribes on Federal Indian reservations, off-
reservation trust lands, and ceded lands. This rule responds to tribal
requests for U.S. Fish and Wildlife Service (hereinafter Service or we)
recognition of their authority to regulate hunting under established
guidelines. This rule allows the establishment of season bag limits
and, thus, harvest at levels compatible with populations and habitat
conditions.
DATES: This rule takes effect on August 24, 2018.
ADDRESSES: You may inspect comments received on the special hunting
regulations and Tribal proposals during normal business hours at U.S.
Fish and Wildlife Headquarters, 5275 Leesburg Pike, Falls Church, VA
22041-3803, or at https://www.regulations.gov at Docket No. FWS-HQ-MB-
2017-0028.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS: MB, 5275 Leesburg Pike, Falls
Church, VA 22041-3803; (703) 358-1967.
SUPPLEMENTARY INFORMATION:
Background
The Migratory Bird Treaty Act (MBTA) of July 3, 1918 (16 U.S.C. 703
et seq.), authorizes and directs the Secretary of the Department of the
Interior, having due regard for the zones of temperature and for the
distribution, abundance, economic value, breeding habits, and times and
lines of flight of migratory game birds, to determine when, to what
extent, and by what means such birds or any part, nest, or egg thereof
may be taken, hunted,
[[Page 42790]]
captured, killed, possessed, sold, purchased, shipped, carried,
exported, or transported.
In the May 23, 2018, Federal Register (83 FR 23869), we proposed
special migratory bird hunting regulations for the 2018-19 hunting
season for certain Indian tribes, under the guidelines described in the
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to
tribal requests for Service recognition of their reserved hunting
rights, and for some tribes, recognition of their authority to regulate
hunting by both tribal members and nonmembers on their reservations.
The guidelines include possibilities for:
(1) On-reservation hunting by both tribal members and nonmembers,
with hunting by nontribal members on some reservations to take place
within Federal frameworks but on dates different from those selected by
the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of usual
Federal frameworks for season dates and length, and for daily bag and
possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits.
In all cases, the regulations established under the guidelines must
be consistent with the March 10-September 1 closed season mandated by
the 1916 Migratory Bird Treaty with Canada.
In the August 3, 2017, Federal Register (82 FR 36308), we requested
that tribes desiring special hunting regulations in the 2018-19 hunting
season submit a proposal including details on:
(1) Harvest anticipated under the requested regulations;
(2) Methods that would be employed to measure or monitor harvest
(such as bag checks, mail questionnaires, etc.);
(3) Steps that would be taken to limit level of harvest, where it
could be shown that failure to limit such harvest would adversely
impact the migratory bird resource; and
(4) Tribal capabilities to establish and enforce migratory bird
hunting regulations.
No action is required if a tribe wishes to observe the hunting
regulations established by the State(s) in which an Indian reservation
is located. We have successfully used the guidelines since the 1985-86
hunting season. We finalized the guidelines beginning with the 1988-89
hunting season (August 18, 1988, Federal Register [53 FR 31612]).
The final rule described here is the final in the series of
proposed and final rulemaking documents for Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for
the 2018-19 Season. This rule sets hunting seasons, hours, areas, and
limits for migratory game bird species on reservations and ceded
territories. This final rule is the culmination of the rulemaking
process for the Tribal migratory game bird hunting seasons, which
started with the August 3, 2017, proposed rule. This final rule sets
the Migratory Bird Hunting Regulations on Certain Federal Indian
Reservations and Ceded Lands for the 2018-19 Season.
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, 2018 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).
Comments and Issues Concerning Tribal Proposals
For the 2018-19 migratory bird hunting season, we proposed
regulations for 30 Tribes or Indian groups that followed the 1985
guidelines and were considered appropriate for final rulemaking.
However, at that time, we noted in the May 23 proposed rule that we
were proposing seasons for six Tribes who have submitted proposals in
past years but from whom we had not yet received proposals this year.
We did not receive proposals from three of those Tribes and, therefore,
have not included them in this final rule.
The comment period for the May 23 proposed rule closed on June 22,
2018. We received five comments on our May 23 proposed rule, which
announced proposed seasons for migratory bird hunting by American
Indian Tribes. Significant comments are addressed below.
Written Comments: The Wisconsin Department of Natural Resources
(WDNR) reiterated their past comments of being strongly opposed to
allowing the use of electronic calls, hand nets, and snares on ceded
lands (see February 5, 2018, Federal Register (83 FR 5037) for
additional details). They stated that if approved, they should only be
allowed on tribal lands, not State public lands, where the possibility
of potential conflicts exists.
The Great Lakes Indian Fish and Wildlife Commission (GLIFWC)
supported the proposed regulations and urged the timely approval and
publishing of a final rule prior to the scheduled September 1, 2018,
opening of the seasons.
Several individuals also provided comment. One commenter protested
the entire migratory bird hunting regulations process and the killing
of all migratory birds. Another commenter believed we should approve
the proposed special migratory bird hunting Tribal seasons, while
another believed we needed to publish the final tribal regulations
prior to the season opening of September 1, 2018, unlike the previous
year.
Service Response: In the February 5, 2018, Federal Register (83 FR
5037), we responded in detail to WDNR's comments regarding our approval
of the GLIFWC's proposal. However, as an aid to the reader, we again
summarize and respond here.
Allowing electronic calls. In the 1837 and 1842 Treaty Areas,
GLIFWC proposes allowing an experimental application of electronic
calls with up to 50 Tribal hunters allowed to use the devices.
Individuals using electronic calls will be required to obtain a special
Tribal permit, complete a hunt diary for each hunt where the devices
are used, and submit the hunt diary to the Commission within 2 weeks of
the end of the season in order to be eligible to obtain a permit for
the following year. GLIFWC will require hunters to record the date,
time, and location of each hunt; the number of hunters; the number of
each species harvested per hunting event; if other hunters were in the
area, any interactions with other hunters; and other information GLIFWC
deems appropriate. GLIFWC will then summarize the diary results and
submit a report to the Service. Barring unforeseen results, GLIFWC
proposes that this experimental application be replicated for 3 years,
after which a full evaluation would be completed.
[[Page 42791]]
As we have stated over the last 7 years (76 FR 54676, September 1,
2011; 77 FR 54451, September 5, 2012; 78 FR 53218, August 28, 2013; 79
FR 52226, September 3, 2014; 80 FR 52663, September 1, 2015; 81 FR
62404, September 9, 2016; 83 FR 5037, February 5, 2018), the issue of
allowing electronic calls and other electronic devices for migratory
game bird hunting has been highly debated and highly controversial over
the last 40 years, similar to other prohibited hunting methods.
Electronic calls, i.e., the use or aid of recorded or electronic
amplified bird calls or sounds, or recorded or electrically amplified
imitations of bird calls or sounds to lure or attract migratory game
birds to hunters, were Federally prohibited in 1957, because of their
effectiveness in attracting and aiding the harvest of ducks and geese
and because they are generally not considered a legitimate component of
hunting (see restriction in 50 CFR 20.21(g)).
In our previous responses on this issue, we have also discussed
information stemming from the use of electronic calls during the
special light-goose seasons and our conclusions as to its applicability
to most other waterfowl species. Given available evidence on the
effectiveness of electronic calls, we continue to be concerned about
the large biological uncertainty surrounding any widespread use of
electronic calls. Additionally, given the fact that tribal waterfowl
hunting covered by this rule would occur on ceded lands that are not in
the ownership of the Tribes, we remain concerned that the use of
electronic calls to take waterfowl could lead to confusion on the part
of the public, wildlife-management agencies, and law enforcement
officials in implementing the requirements of 50 CFR part 20. Further,
similar to the impacts of baiting, we have some concerns on the
uncertain zone of influence range from the use of electronic calls,
which could potentially increase harvest from non-tribal hunters
operating within areas where electronic calls are used during the dates
of the general hunt. However, unlike baiting, once the electronic call
is removed from an area, the attractant or lure is immediately removed
with presumably little to no lingering effects.
Notwithstanding our above concerns, we understand and appreciate
GLIFWC's position on this issue; their desire to increase tribal hunter
opportunity, harvest, and participation; and the importance that GLIFWC
has ascribed to these issues. GLIFWC has proposed a limited use of
electronic calls under an experimental design with up to only 50 Tribal
hunters wherein hunters would be required to obtain special permits and
complete and submit a hunt diary for each hunt where electronic calls
were used. Further, given GLIFWC's extremely limited current and
expected waterfowl harvest (fewer than 3,000 ducks and 600 geese) and
hunter participation (limited to 50 hunters), our concerns for any
potential biological impacts are significantly lessened. Therefore, we
agree with the tribes that much of the large uncertainty surrounding
any widespread use of electronic calls could be potentially controlled,
or significantly lessened, by this very modest experiment.
Thus, we are approving GLIFWC's limited experimental approach with
the hope of gaining additional information and knowledge about the use
of electronic calls and their effects on waterfowl. Ideally, this
limited approach includes utilizing electronic calls both for Canada
geese (where they may already be used in some instances) and new
efforts for ducks. Important data related to tribal hunter interest,
participation, effects on targeted species, and harvest needs are to be
closely tracked and reported, as GLIFWC has agreed. We conclude that
the experimental removal of the electronic call prohibition, with the
proposed limited design, is consistent with helping address and answer
some of our long-standing concerns, and thus we approve GLIFWC's
proposal to allow the experimental use of electronic calls in the 1837
and 1842 Treaty Areas for any open season for a 3-year experimental
period.
Use of hand-held nets and snares. GLIFWC proposed that we allow
tribal members to take migratory birds (primarily waterfowl) with the
use of hand-held nets, hand-held snares, and the capturing of birds by
hand in the 1837 and 1842 Treaty Areas. GLIFWC's proposal for the use
of nets and snares and capturing by hand would include the take of
birds at night. Non-attended nets or snares would not be authorized
under this proposal. Tribal members using nets or snares to take
migratory birds, or taking birds by hand, would be required to obtain a
special Tribal permit, complete a hunt diary for each hunt where these
methods are used, and submit the hunt diary to the Commission within 2
weeks of the end of the season in order to be eligible to obtain a
permit to net migratory birds for the following year. GLIFWC-required
information would include the date, time, and location of the hunt;
number of hunters; the number of each species harvested per hunting
event; and other information GLIFWC deems appropriate. Diary results
would then be summarized and documented in a GLIFWC report, which would
be submitted to the Service. Barring unforeseen results, GLIFWC
proposes that this experimental application be replicated for 3 years,
after which a full evaluation would be completed.
Current regulations at 50 CFR part 20 do not allow the use of
traps, nets, or snares to capture migratory game birds (see Sec.
20.21(a)), and we are unaware of any current State regulations allowing
the use of traps for the capture of resident game birds. While the use
of traps or nets for birds is not generally considered a sport-hunting
technique, we recognize that their use may be a customary and
traditional hunting method by tribal members. Further, GLIFWC's netting
and trapping proposal does not allow baiting (which could lead to
concerns related to potential disease transmission) or the herding of
waterfowl into traps when they are largely flightless, such as during
the summer molt. Practices such as these would significantly increase
our concerns. As such, and recognizing the importance GLIFWC has placed
on this issue, we are not opposed to the trapping of migratory birds,
especially given all the GLIFWC-proposed restrictions on their use and
the fact that they will be monitored at all times. Thus, we agree with
the GLIFWC proposal and conclude that the restrictions they have
proposed are appropriate to begin a 3-year experimental evaluation.
Use of hunter diaries. For both use of electronic calls and hand-
nets and snares, GLIFWC has proposed that hunters be required to
complete and submit a hunt diary in order to receive a special hunting
permit the following year. Despite commenters stating that these tribal
self-reporting requirements have not been productive in the past, this
methodology, with GLIFWC's commitment, will provide us with useful
information to help assess the program's effectiveness, user conflicts,
hunter participation, and harvest. Given the relatively small size of
the program and the anticipated participation and harvest, we see
little need for GLIFWC staff to conduct field observations as States or
Flyways (with thousands of hunters and potentially tens of thousands in
anticipated harvest) have done for other experimental seasons. However,
if we see that either the quality of information being yielded is not
sufficient for our purposes or the level of impacts is more than
anticipated and may warrant field observers and/or a more rigorous
study
[[Page 42792]]
approach, we will work with GLIFWC to address these issues.
Limiting activities to Tribal lands. WDNR requested that any of
GLIWFC's proposals, if approved, be limited to Tribal lands only, or be
prohibited on all State lands. They state that allowing the use of
electronic calls, hand-held nets, and snares on all ceded lands
increases the potential for conflicts with the general hunting public
and creates a challenge for law enforcement. While we acknowledge that
the potential for conflict exists, limiting GLIFWC's proposals to
either Tribal lands only or non-State lands would severely limit
GLIFWC's available hunting options. Some member tribes have relatively
small reservations. State and County lands are a large and important
component of ceded lands. Further, other hunting rights are exercised
on ceded lands, along with methods and means not available to the
general hunting public. Given the above and the very limited nature of
the proposed experiment, we see no justification for restricting these
hunting methods and means to either Tribal lands or non-State lands.
Individual, more generalized comments. Our long-term objectives
continue to include providing opportunities to harvest portions of
certain migratory game bird populations and to limit harvests to levels
compatible with each population's ability to maintain healthy, viable
numbers. Further, there exists a long history of establishing hunting
seasons for migratory game bird species such as waterfowl, cranes,
woodcock, doves, and migratory shore and upland game birds. Tribes,
such as those included in this final rule, have hunted these species
before and since the inception of our establishment of migratory game
bird hunting seasons. These seasons are culturally important to them,
and applicable treaties allow for hunting of these species.
Having taken into account the zones of temperature and the
distribution, abundance, economic value, breeding habits, and times and
lines of flight of migratory game birds, we conclude that the hunting
seasons provided for herein are compatible with the current status of
migratory bird populations and long-term population goals.
Additionally, we are obligated to, and do, give serious consideration
to all information received as public comment. We continue to conclude
that the current Flyway-Council system of migratory bird management is
one of the most longstanding, successful examples of State-Federal
cooperative management since its establishment in 1952. Likewise, the
establishment of special tribal migratory bird hunting regulations has
been a successful Federal-Tribal partnership since 1988. However, as
always, we continue to seek new ways to improve the process.
Required Determinations
Executive Order 13771--Reducing Regulation and Controlling Regulatory
Costs
This final rule is not subject to the requirements of Executive
Order (E.O.) 13771 (82 FR 9339, February 3, 2017) because this final
rule establishes annual harvest limits related to routine hunting or
fishing.
National Environmental Policy Act (NEPA) Consideration
The programmatic document, ``Second Final Supplemental
Environmental Impact Statement: Issuance of Annual Regulations
Permitting the Sport Hunting of Migratory Birds (EIS 20130139),'' filed
with the Environmental Protection Agency (EPA) on May 24, 2013,
addresses NEPA compliance by the Service for issuance of the annual
framework regulations for hunting of migratory game bird species. We
published a notice of availability in the Federal Register on May 31,
2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR
45376). We also address NEPA compliance for waterfowl hunting
frameworks through the annual preparation of separate environmental
assessments, the most recent being ``Duck Hunting Regulations for 2018-
19,'' with its corresponding May 2018, finding of no significant
impact. The programmatic document, as well as the separate
environmental assessment, is available on our website at https://www.fws.gov/birds/index.php or from the person indicated under the
caption FOR FURTHER INFORMATION CONTACT.
Endangered Species Act Consideration
Section 7 of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.), provides that, ``The Secretary shall review other
programs administered by him and utilize such programs in furtherance
of the purposes of this Act'' (and) shall ``insure that any action
authorized, funded, or carried out * * * is not likely to jeopardize
the continued existence of any endangered species or threatened species
or result in the destruction or adverse modification of [critical]
habitat. * * *.'' Consequently, we conducted formal consultations to
ensure that actions resulting from these regulations would not likely
jeopardize the continued existence of endangered or threatened species
or result in the destruction or adverse modification of their critical
habitat. Findings from these consultations are included in a biological
opinion, which concluded that the regulations are not likely to
jeopardize the continued existence of any endangered or threatened
species. Our biological opinions resulting from this section 7
consultation are public documents available for public inspection at
the address indicated under ADDRESSES.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
E.O. 12866 provides that the Office of Information and Regulatory
Affairs (OIRA) will review all significant rules. OIRA has reviewed
this rule and has determined that this rule is significant because it
would have an annual effect of $100 million or more on the economy.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
An economic analysis was prepared for the 2018-19 season. This
analysis was based on data from the 2011 National Hunting and Fishing
Survey, the most recent year for which data are available (see
discussion under Regulatory Flexibility Act, below). This analysis
estimated consumer surplus for three alternatives for duck hunting
(estimates for other species are not quantified due to lack of data).
The alternatives are (1) issue restrictive regulations allowing fewer
days than those issued during the 2017-18 season, (2) issue moderate
regulations allowing more days than those in alternative 1, and (3)
issue liberal regulations identical to the regulations in the 2017-18
season. For the 2018-19 season, we chose Alternative 3, with an
estimated consumer surplus across all flyways of $334-$440 million with
a mid-point estimate of $387 million. We also chose
[[Page 42793]]
alternative 3 for the 2009-10, the 2010-11, the 2011-12, the 2012-13,
the 2013-14, the 2014-15, the 2015-16, the 2016-17, and the 2017-18
seasons. The 2018-19 analysis is part of the record for this rule and
is available at https://www.regulations.gov at Docket No. FWS-HQ-MB-
2017-0028.
Regulatory Flexibility Act
The annual migratory bird hunting regulations have a significant
economic impact on substantial numbers of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the
economic impacts of the annual hunting regulations on small business
entities in detail as part of the 1981 cost-benefit analysis. This
analysis was revised annually from 1990-95. In 1995, the Service issued
a Small Entity Flexibility Analysis (Analysis), which was subsequently
updated in 1996, 1998, 2004, 2008, 2013, and 2018. The primary source
of information about hunter expenditures for migratory game bird
hunting is the National Hunting and Fishing Survey, which is conducted
at 5-year intervals. The 2018 Analysis was based on the 2011 National
Hunting and Fishing Survey and the U.S. Department of Commerce's County
Business Patterns, from which it was estimated that migratory bird
hunters would spend approximately $1.5 billion at small businesses in
2018. Copies of the Analysis are available upon request from the
Division of Migratory Bird Management (see FOR FURTHER INFORMATION
CONTACT) or from https://www.regulations.gov at Docket No. FWS-HQ-MB-
2017-0028.
Small Business Regulatory Enforcement Fairness Act
This final rule is a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. For the reasons outlined
above, this rule will have an annual effect on the economy of $100
million or more. However, because this rule establishes hunting
seasons, we do not plan to defer the effective date under the exemption
contained in 5 U.S.C. 808(1).
Paperwork Reduction Act
This rule does not contain any new collection of information that
requires approval by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). OMB has
previously approved the information collection requirements associated
with migratory bird surveys and the procedures for establishing annual
migratory bird hunting seasons under the following OMB control numbers:
1018-0019, ``North American Woodcock Singing Ground
Survey'' (expires 6/30/2021).
1018-0023, ``Migratory Bird Surveys, 50 CFR 20.20''
(expires 8/31/2020). Includes Migratory Bird Harvest Information
Program, Migratory Bird Hunter Surveys, Sandhill Crane Survey, and
Parts Collection Survey.
1018-0171, ``Establishment of Annual Migratory Bird
Hunting Seasons, 50 CFR part 20'' (expires 06/30/2021).
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
Unfunded Mandates Reform Act
We have determined and certify, in compliance with the requirements
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State government or private entities. Therefore, this
rule is not a ``significant regulatory action'' under the Unfunded
Mandates Reform Act.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this rule, has determined that this
rule will not unduly burden the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2) of E.O. 12988.
Takings Implication Assessment
In accordance with E.O. 12630, this rule, authorized by the
Migratory Bird Treaty Act, does not have significant takings
implications and does not affect any constitutionally protected
property rights. This rule will not result in the physical occupancy of
property, the physical invasion of property, or the regulatory taking
of any property. In fact, this rule will allow hunters to exercise
otherwise unavailable privileges and, therefore, reduce restrictions on
the use of private and public property.
Energy Effects--Executive Order 13211
E.O. 13211 requires agencies to prepare Statements of Energy
Effects when undertaking certain actions. While this rule is a
significant regulatory action under E.O. 12866, it is not expected to
adversely affect energy supplies, distribution, or use. Therefore, this
action is not a significant energy action and no Statement of Energy
Effects is required.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2, we have
evaluated possible effects on Federally recognized Indian tribes and
have determined that there are no effects on Indian trust resources. We
have consulted with Tribes affected by this rule.
Federalism Effects
Due to the migratory nature of certain species of birds, the
Federal Government has been given responsibility over these species by
the Migratory Bird Treaty Act. We annually prescribe frameworks from
which the States make selections regarding the hunting of migratory
birds, and we employ guidelines to establish special regulations on
Federal Indian reservations and ceded lands. This process preserves the
ability of the States and tribes to determine which seasons meet their
individual needs. Any State or Indian tribe may be more restrictive
than the Federal frameworks at any time. The frameworks are developed
in a cooperative process with the States and the Flyway Councils. This
process allows States to participate in the development of frameworks
from which they will make selections, thereby having an influence on
their own regulations. These rules do not have a substantial direct
effect on fiscal capacity, change the roles or responsibilities of
Federal or State governments, or intrude on State policy or
administration. Therefore, in accordance with E.O. 13132, these
regulations do not have significant federalism effects and do not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Regulations Promulgation
The rulemaking process for migratory game bird hunting, by its
nature, operates under a time constraint as seasons must be established
each year or hunting seasons remain closed. However, we intend that the
public be provided extensive opportunity for public input and
involvement in compliance with Administrative Procedure Act
requirements. Thus, when the preliminary proposed rulemaking was
published, we established what we concluded were the longest periods
possible for public comment and the most opportunities for
[[Page 42794]]
public involvement. We also provided notification of our participation
in multiple Flyway Council meetings, opportunities for additional
public review and comment on all Flyway Council proposals for
regulatory change, and opportunities for additional public review
during the Service Regulations Committee meeting. Therefore, sufficient
public notice and opportunity for involvement have been given to
affected persons regarding the migratory bird hunting frameworks for
the 2018-19 hunting seasons. Further, after establishment of the final
frameworks, States and Tribes need sufficient time to conduct their own
public processes to select season dates and limits; to communicate
those selections to us; and to establish and publicize the necessary
regulations and procedures to implement their decisions. Thus, if there
were a delay in the effective date of these regulations after this
final rulemaking, States and Tribes might not be able to meet their own
administrative needs and requirements.
For the reasons cited above, we find that ``good cause'' exists,
within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure
Act, and these frameworks will take effect immediately upon
publication.
Accordingly, with each participating Tribe having had an
opportunity to participate in selecting the hunting seasons desired for
its reservation or ceded territory on those species of migratory birds
for which open seasons are now prescribed, and consideration having
been given to all other relevant matters presented, certain sections of
title 50, chapter I, subchapter B, part 20, subpart K, are hereby
amended as set forth below.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Accordingly, part 20, subchapter B, chapter I of title 50 of the
Code of Federal Regulations is amended as follows:
PART 20--MIGRATORY BIRD HUNTING
0
1. The authority citation for part 20 continues to read as follows:
Authority: 16 U.S.C. 703 et seq., and 16 U.S.C. 742a-j.
(Note: The following hunting regulations provided for by 50 CFR
20.110 will not appear in the Code of Federal Regulations because of
their seasonal nature).
0
2. Section 20.110 is revised to read as follows:
Sec. 20.110 Seasons, limits, and other regulations for certain
Federal Indian reservations, Indian Territory, and ceded lands.
Unless specifically provided for below, all of the regulations
contained in 50 CFR part 20 apply to the seasons listed herein.
(a) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Tribal Members and Nontribal Hunters).
Tribal Members Only
Ducks (Including Mergansers)
Season Dates: Open September 1, 2018, through March 9, 2019.
Daily Bag and Possession Limits: The Tribe does not have specific
bag and possession restrictions for Tribal members. The season on
harlequin duck is closed.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
Nontribal Hunters
Ducks (Including Mergansers)
Season Dates: Open September 22, 2018, through January 7, 2019.
Scaup
Season Dates: Open September 22 through December 17, 2018.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, two pintail, three scaup (when open), two
canvasback, and two redheads. The possession limit is three times the
daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 and 25, respectively.
Geese
Dark Geese
Season Dates: Open September 22, 2018, through January 7, 2019.
Daily Bag and Possession Limits: 4 and 12, respectively.
Light Geese
Season Dates: Same as for dark geese.
Daily Bag and Possession Limits: 20 and 60, respectively.
General Conditions: Tribal and nontribal hunters must comply with
all basic Federal migratory bird hunting regulations contained in 50
CFR part 20 regarding manner of taking. In addition, shooting hours are
one-half hour before sunrise to one-half hour after sunset, and each
waterfowl hunter 16 years of age or older must carry on his/her person
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face. Special regulations established by
the Confederated Salish and Kootenai Tribes also apply on the
reservation.
(b) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only).
Ducks
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.
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
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.
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
1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and end November 30, 2018.
Daily Bag Limit: 20 geese.
Reservation
Season Dates: Begin September 1 and end November 30, 2018.
Daily Bag Limit: 20 geese.
Coots and Common Moorhens (Common Gallinules)
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.
[[Page 42795]]
Reservation
Season Dates: Begin September 1 and end November 30, 2018.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Sandhill Cranes: 1854 and 1837 Ceded Territories
Season Dates: Begin September 1 and end November 30, 2018.
Daily Bag Limit: Two sandhill cranes. Crane carcass tags are
required prior to hunting.
Sora and Virginia Rails
All Areas
Season Dates: Begin September 1 and end November 30, 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 Doves
All Areas
Season Dates: Begin September 1 and end November 30, 2018.
Daily Bag Limit: 30 mourning doves.
General Conditions
1. While hunting waterfowl, a tribal member must carry on his/her
person a valid Ceded Territory License.
2. Shooting hours for migratory birds are one-half hour before
sunrise to one-half hour after sunset.
3. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
provisions of Chapter 10 of the Model Off-Reservation Code. Except as
modified by the Service rules adopted in response to this proposal,
these amended regulations parallel Federal requirements in 50 CFR part
20 as to hunting methods, transportation, sale, exportation, and other
conditions generally applicable to migratory bird hunting.
4. Band members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
5. There are no possession limits for migratory birds. For purposes
of enforcing bag limits, all migratory birds in the possession or
custody of band members on ceded lands will be considered to have been
taken on those lands unless tagged by a tribal or State conservation
warden as having been taken on-reservation. All migratory birds that
fall on reservation lands will not count as part of any off-reservation
bag or possession limit.
(c) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons
Bay, Michigan (Tribal Members Only).
Ducks
Season Dates: Open September 1, 2018, through January 20, 2019.
Daily Bag Limit: 35 ducks, which may include no more than 8
pintail, 4 canvasback, 8 black ducks, 5 hooded merganser, 8 wood ducks,
8 redheads, and 20 mallards (only 10 of which may be hens).
Canada and Snow Geese
Season Dates: Open September 1, 2018, through February 15, 2019.
Daily Bag Limit: 15 geese.
Other Geese (White-Fronted Geese and Brant)
Season Dates: Open September 20 through December 30, 2018.
Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and Woodcock
Season Dates: Open September 1 through November 14, 2018.
Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.
Mourning Doves
Season Dates: Open September 1 through November 14, 2018.
Daily Bag Limit: 25 mourning doves.
Sandhill Crane
Season Dates: Open September 1 through November 14, 2018.
Daily Bag Limit: 2 sandhill crane, with a season limit of 10.
General Conditions: A valid Grand Traverse Band Tribal license is
required and must be in possession before taking any wildlife. Shooting
hours for migratory birds are one-half hour before sunrise to one-half
hour after sunset. All other basic regulations contained in 50 CFR part
20 are valid. Other tribal regulations apply, and may be obtained at
the tribal office in Suttons Bay, Michigan.
(d) Great Lakes Indian Fish and Wildlife Commission, Odanah,
Wisconsin (Tribal Members Only).
The 2018-19 waterfowl hunting season regulations apply to all
treaty areas (except where noted):
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: 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.
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.
Common Snipe
Season Dates: Begin September 1 and end December 31, 2018.
Daily Bag Limit: 16 common snipe.
Woodcock
Season Dates: Begin September 4 and end December 31, 2018.
Daily Bag Limit: 10 woodcock.
Mourning Dove: 1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and end November 29, 2018.
Daily Bag Limit: 15 mourning doves.
Sandhill Cranes
Season Dates: Begin September 1 and end December 31, 2018.
Daily Bag Limit: 2 cranes in the 1837 and 1842 Treaty Area and no
season bag limit; 1 crane with a season bag limit of 3 in the 1836
Treaty Area.
Swans: 1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and end December 31, 2018.
Daily Bag/Season Limit: 2 swans. All harvested swans must be
registered by presenting the fully-feathered carcass to a tribal
registration station or GLIFWC
[[Page 42796]]
warden, to be identified to species. If the total number of trumpeter
swans harvested reaches 10, the swan season will be closed by emergency
tribal rule.
General Conditions
A. All tribal members are required to obtain a valid tribal
waterfowl hunting permit.
B. Except as otherwise noted, tribal members are required to comply
with tribal codes that are no less restrictive than the model ceded
territory conservation codes approved by Federal courts in the Lac
Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs Band v.
State of Minnesota cases. Chapter 10 in each of these model codes
regulates ceded territory migratory bird hunting. Both versions of
Chapter 10 parallel Federal requirements as to hunting methods,
transportation, sale, exportation, and other conditions generally
applicable to migratory bird hunting. They also automatically
incorporate by reference the Federal migratory bird regulations.
C. Particular regulations of note include:
1. Nontoxic shot is required for all waterfowl hunting by tribal
members.
2. Tribal members in each zone must comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
3. There are no possession limits, with the exception of 2 swans
(in the aggregate) and 25 rails (in the aggregate). For purposes of
enforcing bag limits, all migratory birds in the possession and custody
of tribal members on ceded lands are considered to have been taken on
those lands unless tagged by a tribal or State conservation warden as
taken on reservation lands. All migratory birds that fall on
reservation lands do not count as part of any off-reservation bag or
possession limit.
4. There are no shell limit restrictions.
5. 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.
Hunters shall 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 time of day. See #7 below for further explanation.
6. An experimental application of electronic calls (e-calls) will
be implemented in the 1837 and 1842 ceded territories. Up to 50 tribal
hunters will be allowed to use e-calls. Individuals using e-calls will
be required to obtain a special permit; they will be required to
complete a hunt diary for each hunt where e-calls are used; and they
will be required to submit the hunt diary to the Commission within two
(2) weeks of the end of the season in order to be eligible to obtain an
e-call permit for the following year. Required information will include
the date, time and location of the hunt, number of hunters, the number
of each species harvested per hunting event, if other hunters were in
the area, any interactions with other hunters, and other information
deemed appropriate. Diary results will be summarized and documented in
a Commission report, which will be submitted to the Service. Barring
unforeseen results, this experimental application would be replicated
for 3 years, after which a full evaluation would be completed.
7. 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/or 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
two (2) weeks of the end of the season in order to be eligible to
obtain a permit to net migratory birds for the following year. Required
information will include the date, time and location of the hunt,
number of hunters, the number of each species harvested per hunting
event, and other information deemed appropriate. Diary results will be
summarized and documented in a Commission report, which will be
submitted to the Service. Barring unforeseen results, this experimental
application would be replicated for 3 years, after which a full
evaluation would be completed.
(e) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce,
New Mexico (Tribal Members and Nontribal Hunters).
Ducks (Including Mergansers)
Season Dates: Open October 6 through November 30, 2018.
Daily Bag and Possession Limits: The daily bag limit is seven,
including no more than two hen mallards, two pintail, two redheads, two
canvasback, and three scaup. The possession limit is three times the
daily bag limit.
Canada Geese
Season Dates: Open October 6 through November 30, 2018.
Daily Bag and Possession Limits: Two and four, respectively.
General Conditions: Tribal and nontribal hunters must comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or older must carry on his/her person
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face. Special regulations established by
the Jicarilla Tribe also apply on the reservation.
(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters).
Nontribal Hunters on Reservation and Ceded Lands
Geese
Season Dates: Open September 15 through September 16, 2018; open
September 22 through September 23, 2018; and open October 1, 2018,
through January 8, 2019. During these periods, days to be hunted are
specified by the Kalispel Tribe. Nontribal hunters should contact the
Tribe for more detail on hunting days.
Daily Bag and Possession Limits: 5 Canada geese for the early
season, and 6 light geese and 4 dark geese, for the late season. The
daily bag limit is 2 brant (when the State's season is open) and is in
addition to dark goose limits for the late-season. The possession limit
is twice the daily bag limit.
Ducks
Season Dates: Open September 15, 2018, through September 16, 2018;
open September 22, through September 23, 2018; and open October 1,
2018, through January 8, 2019.
Scaup
Season Dates: Open October 1, 2018, through December 25, 2018.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 2 pintail, 2 canvasback, 3 scaup (when open), and 2
redheads. The possession limit is twice the daily bag limit.
General: Tribal members must possess a validated Migratory Bird
Hunting and
[[Page 42797]]
Conservation Stamp and a tribal ceded lands permit.
(g) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only).
Ducks and Coots
Season Dates: Open October 6, 2018, through January 31, 2019.
Daily Bag and Possession Limits: 9 and 18, respectively.
Geese
Season Dates: Open October 6, 2018, through January 31, 2019.
Daily Bag and Possession Limits: 9 and 18, respectively.
General: Nontoxic shot is required. Use of live decoys, bait, and
commercial use of migratory birds are prohibited. Waterfowl may not be
pursued or taken while using motorized craft. Shooting hours are one-
half hour before sunrise to one-half hour after sunset.
(h) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only).
Ducks
Season Dates: Open September 15 through December 31, 2018.
Daily Bag Limits: 10 ducks, including no more than 5 pintail, 5
canvasback, and 5 black ducks.
Geese
Season Dates: Open September 1 through December 31, 2018.
Daily Bag Limits: 10 geese.
General: Possession limits are twice the daily bag limits. Shooting
hours are one-half hour before sunrise to one-half hour after sunset.
Nontoxic shot is required. Use of live decoys, bait, and commercial use
of migratory birds are prohibited. Waterfowl may not be pursued or
taken while using motorized craft.
(i) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only).
1836 Ceded Territory and Tribal Reservation
Ducks
Season Dates: Open September 1, 2018, through January 27, 2019.
Daily Bag Limits: 12 ducks, including no more than 6 mallards (2 of
which may be hens), 3 black ducks, 3 redheads, 3 wood ducks, 2 pintail,
1 bufflehead, 1 hooded merganser, and 2 canvasback.
Coots and Gallinules
Season Dates: Open September 14, 2018, through January 27, 2019.
Daily Bag Limits: Five coot and five gallinule.
Canada Geese
Season Dates: Open September 1, 2018, through February 3, 2019.
Daily Bag Limit: Five.
White-Fronted Geese, Brant, and Snow Geese
Season Dates: Open September 7 through December 9, 2018.
Daily Bag Limit: Five.
Woodcock, Mourning Doves, Snipe, and Sora and Virginia Rails
Season Dates: Open September 1 through November 11, 2018.
Daily Bag Limit: 5 woodcock and 10 each of the other species.
General Conditions Are as Follows
A. All tribal members will be required to obtain a valid tribal
resource card and 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.
E. Possession limits are twice the daily bag limits.
(j) The Little Traverse Bay Bands of Odawa Indians, Petoskey,
Michigan (Tribal Members Only).
Ducks
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limits: 20 ducks, including no more than 5 hen mallards,
5 black ducks, 5 redheads, 5 wood ducks, 5 pintail, 5 scaup, and 5
canvasback.
Mergansers
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limits: 10 mergansers, including no more than 5 hooded
mergansers.
Coots and Gallinules
Season Dates: Open September 15 through December 31, 2018.
Daily Bag Limit: 20.
Canada Geese
Season Dates: Open September 1, 2018, through February 8, 2019.
Daily Bag Limit: 20 in the aggregate.
Sora and Virginia Rails
Season Dates: Open September 1 through December 31, 2018.
Daily Bag Limit: 20.
Snipe
Season Dates: Open September 1 through December 31, 2018.
Daily Bag Limit: 15.
Mourning Doves
Season Dates: Open September 1 through November 14, 2018.
Daily Bag Limit: 15.
Woodcock
Season Dates: Open September 1 through December 1, 2018.
Daily Bag Limit: 10.
Sandhill Cranes
Season Dates: Open September 1 through December 1, 2018.
Daily Bag Limit: One.
General: Possession limits are twice the daily bag limits.
(k) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters).
Tribal Members
Ducks, Mergansers, and Coots
Season Dates: Open September 1, 2018, through March 10, 2019.
Daily Bag and Possession Limits: Six ducks, including no more than
two hen mallard and five mallards total, two pintail, two redheads, two
canvasback, three wood ducks, three scaup, two bonus teal during
October 6 through 21, 2018, and one mottled duck Coot daily bag limit
is 15. Merganser daily bag limit is five, including no more than two
hooded mergansers. The possession limit is three times the daily bag
limit.
Canada Geese
Season Dates: Open September 1, 2018, through March 10, 2019.
Daily Bag and Possession Limits: 6 and 18, respectively.
White-Fronted Geese
Season Dates: Open September 1, 2018, through March 10, 2019.
Daily Bag and Possession Limits: Two and six, respectively.
Light Geese
Season Dates: Open September 1, 2018, through March 10, 2019.
[[Page 42798]]
Daily Bag Limit: 20.
Nontribal Hunters
Ducks (Including Mergansers and Coots)
Season Dates: Open October 6, 2018, through January 10, 2019.
Daily Bag and Possession Limits: Six ducks, including five mallards
(no more of which can be two hen mallard), three scaup, two canvasback,
two redheads, three wood ducks, one mottled duck, one pintail, and two
bonus blue-winged teal during October 7, through October 22, 2018. Coot
daily bag limit is 15. Merganser daily bag limit is five, including no
more than two hooded mergansers. The possession limit is three times
the daily bag limit.
Canada Geese
Season Dates: Open October 27, 2018, through February 10, 2019.
Daily Bag and Possession Limits: 6 and 18, respectively.
White-Fronted Geese
Season Dates: Open October 27, 2018, through January 22, 2019.
Daily Bag and Possession Limits: Two and six, respectively.
Light Geese
Season Dates: Open October 27, 2018, through February 10, 2019.
Daily Bag and Possession Limits: 50 and no possession limit.
General Conditions: All hunters must comply with the basic Federal
migratory bird hunting regulations in 50 CFR part 20, including the use
of steel shot and shooting hours. Nontribal hunters must possess a
validated Migratory Bird Hunting and Conservation Stamp. The Lower
Brule Sioux Tribe has an official Conservation Code that hunters must
adhere to when hunting in areas subject to control by the Tribe.
(l) [Reserved]
(m) Makah Indian Tribe, Neah Bay, Washington (Tribal Members).
Band-Tailed Pigeons
Season Dates: Open September 22 through October 21, 2018.
Daily Bag Limit: Two band-tailed pigeons.
Ducks and Coots
Season Dates: Open September 22, 2018, through January 27, 2019.
Daily Bag Limit: Seven ducks including no more than five mallards
(only two of which can be a hen), one redhead, one pintail, three
scaup, and one canvasback. The seasons on wood duck and harlequin are
closed. The coot daily bag limit is 25.
Geese
Season Dates: Open September 22, 2018, through January 27, 2019.
Daily Bag Limit: Four, including no more than one brant. The
seasons on Aleutian and dusky Canada geese are closed.
General Conditions
All other Federal regulations contained in 50 CFR part 20 apply.
The following restrictions also apply:
1. As per Makah Ordinance 44, only shotguns may be used to hunt any
species of waterfowl. Additionally, shotguns must not be discharged
within 300 feet 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 use of live decoys and/or baiting to pursue any species of
waterfowl is prohibited.
4. Only Service approved nontoxic shot is allowed; the use of lead
shot is prohibited.
5. The use of dogs is permitted to hunt waterfowl.
6. Shooting hours for all species of waterfowl are one-half hour
before sunrise to sunset.
7. Open hunting areas are: Makah Reservation except for designated
wilderness areas and within one mile of the Cape Flattery and Shi-shi
Trails. Off-Reservation Hunting Areas as specified in the General
Hunting Regulations.
(n) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
(Tribal Members and Nontribal Hunters).
Band-Tailed Pigeons
Season Dates: Open September 1 through September 30, 2018.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1 through September 30, 2018.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks (Including Mergansers and Coots)
Season Dates: Open September 22, 2018, through January 7, 2019.
Scaup
Season Dates: Open September 22 through December 17, 2018.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one mottled duck, two canvasback, three scaup
(when open), two redheads, and one pintail. Coot daily bag limit is 25.
Merganser daily bag limit is seven. The possession limit is three times
the daily bag limit.
Canada Geese
Season Dates: Open September 22, 2018, through January 7, 2019.
Daily Bag and Possession Limits: 4 and 12, respectively.
General Conditions: Tribal and nontribal hunters will comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20,
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed
in ink across the face. Special regulations established by the Navajo
Nation also apply on the reservation.
(o) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members Only).
Ducks (Including Mergansers)
Season Dates: Open September 15 through December 2, 2018.
Daily Bag and Possession Limits: Six, including no more than six
mallards (three hen mallards), six wood ducks, one redhead, two
pintail, and one hooded merganser. The possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 1 through December 31, 2018.
Daily Bag and Possession Limits: 5 Canada geese with a possession
limit of 10. A seasonal quota of 500 birds is adopted. If the quota is
reached before the season concludes, the season will be closed at that
time.
Woodcock
Season Dates: Open September 1 through November 4, 2018.
Daily Bag and Possession Limits: Two and four woodcock,
respectively.
Doves
Season Dates: Open September 1 through November 4, 2018.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General Conditions: Tribal member shooting hours are one-half hour
before sunrise to 15 minutes after sunset. Nontribal members hunting on
the Reservation or on lands under the jurisdiction of the Tribe must
comply with all State of Wisconsin regulations, including season dates,
shooting hours, and bag limits, which differ from tribal member
seasons. Tribal members and
[[Page 42799]]
nontribal members hunting on the Reservation or on lands under the
jurisdiction of the Tribe will observe all basic Federal migratory bird
hunting regulations found in 50 CFR part 20, with the following
exceptions: Tribal members are exempt from the purchase of the
Migratory Waterfowl Hunting and Conservation Stamp (Duck Stamp); and
shotgun capacity is not limited to three shells.
(p) Point No Point Treaty Council, Kingston, Washington (Tribal
Members Only).
Jamestown S'Klallam Tribe
Ducks
Season Dates: Open September 1, 2018, through March 10, 2019.
Daily Bag and Possession Limits: Seven ducks, including no more
than one harlequin duck per season.
Geese
Season Dates: Open September 9, 2018, through March 10, 2019.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The season on dusky Canada geese is
closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open January 10 through January 25, 2019.
Daily Bag and Possession Limits: Two and four, respectively.
Coots
Season Dates: Open September 13, 2018, through February 1, 2019.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 13, 2018, through January 18, 2019.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 13, 2018, through March 10, 2019.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeons
Season Dates: Open September 13, 2018, through January 18, 2019.
Daily Bag and Possession Limits: Two and four pigeons,
respectively.
Port Gamble S'Klallam Tribe
Ducks
Season Dates: Open September 1, 2018, through March 10, 2019.
Daily Bag and Possession Limits: Seven ducks, including no more
than one harlequin duck per season.
Geese
Season Dates: Open September 1, 2018, through March 10, 2019.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The season on dusky Canada geese is
closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open November 9, 2018, through January 31, 2019.
Daily Bag and Possession Limits: Two and four, respectively.
Coots
Season Dates: Open September 1, 2018, through March 10, 2019.
Daily Bag and Possession Limits: 7 and 14 coots, respectively.
Mourning Doves
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 1, 2018, through March 10, 2019.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeons
Season Dates: Open September 1, 2018, through March 10, 2019.
Daily Bag and Possession Limits: Two and four pigeons,
respectively.
General: Tribal members must possess a tribal hunting permit from
the Point No Point Tribal Council pursuant to tribal law. Hunting hours
are from one-half hour before sunrise to sunset. Hunters must observe
all other basic Federal migratory bird hunting regulations in 50 CFR
part 20.
(q) The Saginaw Chippewa Indian Tribe of Michigan, Isabella
Reservation, Mt. Pleasant, Michigan (Tribal Members Only).
Mourning Doves
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limit: 25 doves.
Ducks
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limits: 20, including no more than 5 hen mallard, 5 wood
duck, 5 black duck, 5 pintail, 5 redhead, 5 scaup, and 5 canvasback.
Mergansers
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limit: 10, including no more than 5 hooded mergansers.
Canada Geese
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limits: 16.
Sora and Virginia Rails
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limits: 20 in the aggregate.
Sandhill Crane
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limits: One.
General: Possession limits are twice the daily bag limits except
for rails, of which the possession limit equals the daily bag limit
(20). Tribal members must possess a tribal hunting permit from the
Saginaw Tribe pursuant to tribal law. Shooting hours are one-half hour
before sunrise until one-half hour after sunset. Hunters must observe
all other basic Federal migratory bird hunting regulations in 50 CFR
part 20.
(r) Sauk-Suiattle Indian Tribe, Darrington, Washington (Tribal
Members Only).
Ducks
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limits: 10.
Geese
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limit: Five geese.
Coots
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limit: 25 coots.
Brant
Season Dates: Open September 1, 2018, through January 31, 2019.
Daily Bag Limits: Five brant.
General: Shooting hours are one-half hour before sunrise until one-
half hour after sunset. Hunters must observe all other basic Federal
migratory bird hunting regulations in 50 CFR part 20.
[[Page 42800]]
(s) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie,
Michigan (Tribal Members Only).
Mourning Doves
Season Dates: Open September 1 through November 14, 2018.
Daily Bag Limit: 10 doves.
Teal
Season Dates: Open September 1 through December 31, 2018.
Daily Bag Limits: 20 in the aggregate
Ducks
Season Dates: Open September 15 through December 31, 2018.
Daily Bag Limits: 20, including no more than 10 mallards (only 5 of
which may be hens), 5 canvasback, 5 black duck, and 5 wood duck.
Mergansers
Season Dates: Open September 15 through December 31, 2018.
Daily Bag Limit: 10 in the aggregate.
Geese
Season Dates: Open September 1 through December 31, 2018.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1 through December 31, 2018.
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open September 2 through December 1, 2018.
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open September 15 through December 31, 2018.
Daily Bag Limits: 16.
Sora and Virginia Rails
Season Dates: Open September 1 through December 31, 2018.
Daily Bag Limits: 20 in the aggregate.
General: Possession limits are twice the daily bag limits except
for rails, of which the possession limit equals the daily bag limit
(20). Tribal members must possess a tribal hunting permit from the
Sault Ste. Marie Tribe pursuant to tribal law. Shooting hours are one-
half hour before sunrise until one-half hour after sunset. Hunters must
observe all other basic Federal migratory bird hunting regulations in
50 CFR part 20.
(t) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort
Hall, Idaho (Nontribal Hunters).
Ducks, Including Mergansers
Duck Season Dates: Open October 6, 2018, through January 18, 2019.
Scaup Season Dates: Open October 6, 2018, through December 31,
2018.
Daily Bag and Possession Limits: Seven ducks and mergansers,
including no more than two hen mallards, two pintail, three scaup (when
open), two canvasback, and two redheads. The possession limit is three
times the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots. The possession limit is
three times the daily bag limit.
Common Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 8 and 24 snipe, respectively.
Canada Geese
Season Dates: Open October 6, 2018, through January 18, 2019.
Daily Bag and Possession Limits: 4 and 12, respectively.
White-Fronted Geese
Season Dates: Open October 6, 2018, through January 18, 2019.
Daily Bag and Possession Limits: 10 and 30, respectively.
Light Geese
Season Dates: Open October 6, 2018, through January 18, 2019.
Daily Bag and Possession Limits: 20 and 60, respectively.
General Conditions: Nontribal hunters must comply with all basic
Federal migratory bird hunting regulations in 50 CFR part 20 regarding
shooting hours and manner of taking. In addition, each waterfowl hunter
16 years of age or older must possess a valid Migratory Bird Hunting
and Conservation Stamp (Duck Stamp) signed in ink across the stamp
face. Other regulations established by the Shoshone-Bannock Tribes also
apply on the reservation.
(u) Skokomish Tribe, Shelton, Washington (Tribal Members Only).
Ducks
Season Dates: Open September 16, 2018, through February 28, 2019.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, and two redheads.
The daily bag limit on harlequin duck is one per season. The possession
limit is twice the daily bag limit.
Geese
Season Dates: Open September 16, 2018, through February 28, 2019.
Daily Bag and Possession Limits: Four including no more than three
light geese. The season on Aleutian Canada geese is closed. The
possession limit is twice the daily bag limit.
Brant
Season Dates: Open November 1, 2018, through February 15, 2019.
Daily Bag and Possession Limits: 2 and 4 brant, respectively.
Coots
Season Dates: Open September 16, 2018, through February 28, 2019.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Dove
Season Dates: Open September 16, 2018, through February 28, 2019.
Daily Bag and Possession Limits: 10 and 20 mourning dove,
respectively.
Band-Tailed Pigeon
Season Dates: Open September 16, 2018, through February 28, 2019.
Daily Bag and Possession Limits: Two and four band-tailed pigeon,
respectively.
Snipe
Season Dates: Open September 16, 2018, through February 28, 2019.
Daily Bag and Possession Limits: 8 and 16 Snipe, respectively.
General Conditions: Tribal members must possess a tribal hunting
permit from the Skokomish Indian Tribe pursuant to tribal law. Shooting
hours are one-half hour before sunrise until sunset. Hunters must
observe all other basic Federal migratory bird hunting regulations in
50 CFR part 20.
(v) Spokane Tribe of Indians, Wellpinit, Washington (Tribal Members
Only).
Ducks
Season Dates: Open September 2, 2018, through January 31, 2019.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, two pintail, three scaup, two canvasback, and
two redheads. The daily bag limit on harlequin duck is one per season.
The possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 2, 2018, through January 31, 2019.
Daily Bag and Possession Limits: Four Canada geese, 10 White-
fronted geese, and 20 light geese. The possession limit is twice the
daily bag limit.
General Conditions: Tribal members must possess a tribal hunting
permit from the Spokane Indian Tribe pursuant
[[Page 42801]]
to tribal law. Shooting hours are one-half hour before sunrise until
sunset. Hunters must observe all other basic Federal migratory bird
hunting regulations in 50 CFR part 20.
(w) [Reserved]
(x) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal
Members Only).
Common Snipe
Season Dates: Open October 1, 2018, through March 10, 2019.
Daily Bag and Possession Limits: 10 and 30, respectively.
Ducks
Season Dates: Open October 1, 2018, through March 10, 2019.
Daily Bag and Possession Limits: 10 ducks. The possession limit is
three times the daily bag limit.
Coots
Season Dates: Open October 1, 2018, through March 10, 2019.
Daily Bag and Possession Limits: 25 coots. The possession limit is
three times the daily bag limit.
Geese
Season Dates: Open October 1, 2018, through March 10, 2019.
Daily Bag and Possession Limits: 6 and 18, respectively. The season
on brant is closed.
General Conditions: Tribal members hunting on lands will observe
all basic Federal migratory bird hunting regulations found in 50 CFR
part 20, which will be enforced by the Stillaguamish Tribal Law
Enforcement. Tribal members are required to use steel shot or a
nontoxic shot as required by Federal regulations.
(y) Swinomish Indian Tribal Community, LaConner, Washington (Tribal
Members Only).
Ceded Territory and Swinomish Reservation
Ducks and Mergansers
Season Dates: Open September 1, 2018, through March 9, 2019.
Daily Bag and Possession Limits: 20 and 40, respectively.
Canada Geese
Season Dates: Open September 1, 2018, through March 9, 2019.
Daily Bag and Possession Limits: 10 and 20 geese, respectively.
Brant
Season Dates: Open September 1, 2018, through March 9, 2019.
Daily Bag and Possession Limits: 5 and 10 brant, respectively.
Coots
Season Dates: Open September 1, 2018, through March 9, 2019.
Daily Bag and Possession Limits: 25 and 75 coots, respectively.
Mourning Dove
Season Dates: Open September 1, 2018, through March 9, 2019.
Daily Bag and Possession Limits: 15 and 30 mourning dove,
respectively.
Band-Tailed Pigeon
Season Dates: Open September 1, 2018, through March 9, 2019.
Daily Bag and Possession Limits: Three and six band-tailed pigeon,
respectively.
Snipe
Season Dates: Open September 1, 2018, through March 9, 2019.
Daily Bag and Possession Limits: 15 and 30 snipe, respectively.
General Conditions: Shooting hours are from 30 minutes before
sunrise until 30 minutes after sunset. Tribal members are required to
use steel shot or a nontoxic shot as required by Federal regulations.
(z) The Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members Only).
Ducks and Mergansers
Season Dates: Open September 1, 2018, through February 28, 2019.
Daily Bag and Possession Limits: 15 ducks, including no more than
10 pintail, 10 canvasback, and ten wood ducks, and 10 blue-winged teal.
Possession limit is twice the daily bag limit.
Sea Ducks
Season Dates: Open September 1, 2018, through February 28, 2019.
Daily Bag and Possession Limits: 15 sea ducks, including no more
than 10 harlequin. Possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 1, 2018, through February 28, 2019.
Daily Bag and Possession Limits: 15 geese, including no more than
10 Cackling Canada geese or 10 Dusky Canada geese. Possession limit is
twice the daily bag limit.
Brant
Season Dates: Open September 1, 2018, through February 28, 2019.
Daily Bag and Possession Limits: Five and ten brant, respectively.
Coots
Season Dates: Open September 1, 2018, through February 28, 2019.
Daily Bag and Possession Limits: 25 and 25 coots, respectively.
Snipe
Season Dates: Open September 1, 2018, through February 28, 2019.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
General Conditions: All tribal hunters must have a valid Tribal
identification card on his or her person while hunting. All nontribal
hunters must obtain and possess while hunting a valid Tulalip Tribe
hunting permit and be accompanied by a Tulalip Tribal member. Shooting
hours are one-half hour before sunrise to sunset, and steel or
federally-approved nontoxic shot is required for all migratory bird
hunting. Hunters must observe all other basic Federal migratory bird
hunting regulations in 50 CFR part 20.
(aa) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only).
Mourning Doves
Season Dates: Open September 1 through December 31, 2018.
Daily Bag and Possession Limits: 12 and 15 mourning doves,
respectively.
Ducks
Season Dates: Open October 1, 2018, through February 28, 2019.
Daily Bag and Possession Limits: 15 and 20, respectively.
Coots
Season Dates: Open October 1, 2018, through February 15, 2019.
Daily Bag and Possession Limits: 20 and 30, respectively.
Geese
Season Dates: Open October 1, 2018, through February 28, 2019.
Daily Bag and Possession Limits: 7 and 10 geese, respectively.
Brant
Season Dates: Open November 1 through 10, 2018.
Daily Bag and Possession Limits: Two and two, respectively.
General Conditions: Tribal members must have the tribal
identification and harvest report card on their person to hunt. Tribal
members hunting on the Reservation will observe all basic Federal
migratory bird hunting regulations found in 50 CFR part 20, except
shooting hours would be 15 minutes before official sunrise to 15
minutes after official sunset.
[[Page 42802]]
(bb) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only).
Teal
Season Dates: Open October 8, 2018, through February 16, 2019.
Daily Bag Limits: 10 teal.
Ducks
Season Dates: Open October 8, 2018, through February 16, 2019.
Daily Bag Limits: Six ducks, including no more than four hen
mallards, six black ducks, four mottled ducks, one fulvous whistling
duck, four mergansers, three scaup, two hooded merganser, three wood
ducks, one canvasback, two redheads, and two pintail. The season is
closed for harlequin ducks.
Sea Ducks
Season Dates: Open October 1, 2018, through February 16, 2019.
Daily Bag Limits: Seven ducks including no more than four of any
one species (only one of which may be a hen eider).
Woodcock
Season Dates: Open October 8 through November 24, 2018.
Daily Bag Limits: Three woodcock.
Canada Geese
Season Dates: Open September 3 through 15, 2018, and open October
22, 2018, through February 16, 2019.
Daily Bag Limits: Eight Canada geese.
Snow Geese
Season Dates: Open September 3 through 13, 2018, and open November
19, 2018, through February 16, 2019.
Daily Bag Limits: 15 snow geese.
Sora and Virginia Rails
Season Dates: Open September 3 through November 3, 2018.
Daily Bag Limits: 5 sora and 10 Virginia rails.
Snipe
Season Dates: Open September 3 through December 8, 2018.
Daily Bag Limits: Eight snipe.
General Conditions: Shooting hours are one-half hour before sunrise
to sunset. Nontoxic shot is required. All other basic Federal migratory
bird hunting regulations contained in 50 CFR part 20 will be observed.
(cc) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal
Members Only).
Ducks
Season Dates: Open September 8 through December 16, 2018.
Daily Bag Limit for Ducks: 10 ducks, including no more than 2
female mallards, 2 pintail, and 2 canvasback.
Mergansers
Season Dates: Open September 8 through December 16, 2018.
Daily Bag Limit for Mergansers: Five mergansers, including no more
than two hooded mergansers.
Geese
Season Dates: Open September 1 through December 15, 2018.
Daily Bag Limit: 10 geese through September 221, and 5 thereafter.
Coots
Season Dates: Open September 1 through November 30, 2018.
Daily Bag Limit: 20 coots.
Snipe
Season Dates: Open September 1 through November 30, 2018.
Daily Bag Limit: 10 snipe.
Mourning Dove
Season Dates: Open September 1 through November 30, 2018.
Daily Bag Limit: 25 mourning dove.
Woodcock
Season Dates: Open September 1 through November 30, 2018.
Daily Bag Limit: 10 woodcock.
Rail
Season Dates: Open September 1 through November 30, 2018.
Daily Bag Limit: 25 rail.
General Conditions: Shooting hours are one-half hour before sunrise
to one-half hour after sunset. Nontoxic shot is required. All other
basic Federal migratory bird hunting regulations contained in 50 CFR
part 20 will be observed.
Dated: August 17, 2018.
Andrea Travnicek,
Principal Deputy Assistant Secretary--Water and Science, Exercising the
Authority of the Assistant Secretary for Fish and Wildlife and Parks .
[FR Doc. 2018-18382 Filed 8-23-18; 8:45 am]
BILLING CODE 4333-15-P