[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Rules and Regulations]
[Pages 54451-54463]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21969]
[[Page 54451]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-R9-MB-2012-0005; FF09M21200-123-FXMB1231099BPP0L2]
RIN 1018-AX97
Migratory Bird Hunting; Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2012-13
Early Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule prescribes special early-season 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 tribal authority to regulate hunting under
established guidelines. This rule allows the establishment of season
bag limits and, thus, harvest, at levels compatible with populations
and habitat conditions.
DATES: This rule takes effect on September 1, 2012.
ADDRESSES: You may inspect comments received on the special hunting
regulations and tribal proposals during normal business hours in room
4107, Arlington Square Building, 4501 N. Fairfax Drive, Arlington, VA
or at http://www.regulations.gov at Docket No. FWS-R9-MB-2012-0005.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street
NW., Washington, DC 20240; (703)-358-1714.
SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act (MBTA) of July
3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs
the Secretary of the Department of the Interior, having due regard for
the zones of temperature and for the distribution, abundance, economic
value, breeding habits, and times and lines of flight of migratory game
birds, to determine when, to what extent, and by what means such birds
or any part, nest, or egg thereof may be taken, hunted, captured,
killed, possessed, sold, purchased, shipped, carried, exported, or
transported.
In the August 16, 2012, Federal Register (77 FR 49680), we proposed
special migratory bird hunting regulations for the 2012-13 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. 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]).
In the April 17, 2012, Federal Register (77 FR 23094), we requested
that tribes desiring special hunting regulations in the 2012-13 hunting
season submit a proposal including details on:
(a) Harvest anticipated under the requested regulations;
(b) Methods that would be employed to measure or monitor harvest
(such as bag checks, mail questionnaires, etc.);
(c) 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
(d) 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. On August 16, 2012, we published a proposed rule (77 FR
49680) that included special migratory bird hunting regulations for 30
Indian tribes, based on the input we received in response to the April
17, 2012, proposed rule. All the regulations contained in this final
rule were either submitted by the tribes or approved by the tribes and
follow our proposals in the August 16 proposed rule.
Although the August 16 proposed rule included generalized
regulations for both early- and late-season hunting, this rulemaking
addresses only the early-season proposals. Therefore, it includes
information for only 21 tribes. The letter designations for the
paragraphs pertaining to each tribe in this rule are discontinuous
because they follow the letter designations for the 30 tribes discussed
in the August 8 proposed rule, which set forth paragraphs (a) through
(dd). Late-season hunting will be addressed in late September. As a
general rule, early seasons begin during September each year and have a
primary emphasis on such species as mourning and white-winged doves.
Late seasons begin about October 1 or later each year and have a
primary emphasis on waterfowl.
Population Status and Harvest
Information on the status of waterfowl and information on the
status and harvest of migratory shore and upland game birds, including
detailed information on methodologies and results, is available at the
address indicated under FOR FURTHER INFORMATION CONTACT or from our Web
site at http://www.fws.gov/migratorybirds/NewsPublicationsReports.html.
Comments and Issues Concerning Tribal Proposals
For the 2012-13 migratory bird hunting season, we proposed
regulations for 30 tribes and/or Indian groups that followed the 1985
guidelines. Only 26 tribes were considered appropriate for final
rulemaking because we did not receive proposals from 4 of the tribes
for whom we had proposed regulations. Some of the tribal proposals had
both early- and late-season elements. However, as noted earlier, only
those with early-season proposals are included in this final
rulemaking; 21 tribes have proposals with early seasons. The comment
period for the proposed rule, published on August 16, 2012, closed on
August 27, 2012. Because of the necessary brief comment period, we will
respond to any comments on the proposed rule and/or these regulations
postmarked by August 27, but not received prior to final action by us,
in the September late-season final rule. At this time, we have received
three comments.
[[Page 54452]]
Great Lakes Indian Fish and Wildlife Commission's (GLIFWC) Proposal
We received two comments on GLIFWC's initial proposal from the
State of Wisconsin and the Mississippi Flyway Council (MFC). We also
received a subsequent comment from the GLIWFC in response to our August
16 proposed rule.
The State of Wisconsin, Department of Natural Resources (WIDNR) and
MFC noted the long history of working cooperatively with GLIFWC and
individual tribes in the conservation of Wisconsin's waterfowl and
wetland resources. However, WIDNR and MFC believed the most significant
problem with the GLIFWC proposal was the request to allow tribal
members to hunt with the use of electronic calls for ducks and geese
within the ceded territory. WIDNR and MFC believe that, since the ceded
territory covers one-third of the State of Wisconsin, one-half of the
State of Michigan, significant areas of Minnesota, and significant
areas of public hunting grounds and waters in those States, the use of
electronic calls by tribal hunters would put any nontribal hunters in
violation of the law when hunting in these areas. Thus, GLIFWC's
proposal would, in effect, close public lands to hunting, increase
conflicts among the hunting public, and create a safety concern and an
unmanageable law enforcement environment. WIDNR and MFC also opposed
the extension of shooting hours to 60 minutes past sunset and removing
species restrictions from the daily bag limit because of safety and
resource concerns. WIDNR and MFC also believe that GLIFWC's proposal to
remove all species restrictions in hunting regulations fails to
recognize the different status and regulations of each species and as
such is inconsistent with established cooperative management practices.
WIDNR and MFC believe that management decisions could not be honored
without species-level restrictions. WIDNR and MFC believe that a tribal
tundra swan hunting season in the ceded territory should not be
implemented in 2012 because additional biological evaluation and
harvest planning should be conducted, especially in light of the
trumpeter swan issues. WIDNR asks that the same criteria of not
implementing duck hunting seasons prior to September 15 because of
impacts to breeding ducks in Wisconsin be applied to tribal seasons as
well. WIDNR also opposes the tribes being exempt from decoy
restrictions.
GLIWFC reiterated that their proposal was consistent with their
underlying treaty rights and values, and that their proposals were
biologically sound and culturally appropriate. More specifically, they
proposed allowing the use of electronic calls for geese from September
1 to 21, and for ducks from September 4 to 21 in the 1837 and 1842
Treaty areas. They stated that the proposed revision to their initial
proposal would minimize any user conflicts since waterfowl seasons in
Michigan, Minnesota, and Wisconsin are closed. They also offered to
conduct a post-season harvest survey on the use of and harvest
associated with electronic calls.
Regarding expanded shooting hours, GLIFWC proposed to extend
shooting hours from 45 minutes before sunrise to 45 minutes after
sunset, a reduction of 15 minutes from their initial proposal. They
stated that this proposal was consistent with other Service-approved
tribal proposals (69 FR 53990; September 3, 2004) and was consistent
with recent changes in Wisconsin allowing the harvest of wolves at
night.
GLIWFC also proposed changes to the swan hunting proposal. They
requested the establishment of an experimental season in Ashland,
Bayfield, Forest, and Oneida Counties in Wisconsin with a 2-bird daily
bag limit, mandatory registration, and carcass verification.
Lastly, GLIFWC proposed to correct an oversight in the initial
season proposal pertaining to mergansers and woodcock seasons. They
amended the proposed season opening dates in the 1836 Treaty area for
both species from September 4, rather than September 15.
Service Response: The GLIFWC 2012 proposal, and subsequent proposed
revisions, had several significant changes from regulations approved
last season. In the 1837 and 1842 Treaty Areas, the GLIFWC proposal
would allow the use of electronic calls in September; would extend
shooting hours by 15 minutes in both the morning and the evening to 45
minutes before sunrise and 45 minutes after sunset; would increase the
daily bag limits to 50 ducks and remove all species restrictions within
the daily bag limit for ducks; would allow the first harvest of
sandhill cranes and tundra swans; would open the season (other than for
geese) on September 4; and would remove restrictions for decoy use in
Wisconsin. In the 1836 Treaty Area, the GLIFWC proposal would remove
all species restrictions within the daily bag limit for ducks.
GLIFWC states that the regulatory changes are intended to provide
tribal members a harvest opportunity within the scope of rights
reserved in their various treaties and increase tribal subsistence
harvest opportunities, while protecting migratory bird populations.
Under the GLIFWC proposed regulations, GLIFWC expects total ceded
territory harvest to be approximately 1,575 ducks, 300 geese, 50
sandhill cranes, and 50 tundra swans, which is roughly similar to
anticipated levels in previous years for those species for which
seasons were established. GLIWFC further anticipates that tribal
harvest will remain low given the small number of tribal hunters and
the limited opportunity to harvest more than a small number of birds on
most hunting trips.
Recent GLIFWC harvest surveys (1996-98, 2001, 2004, 2007-08, and
preliminary 2011) indicate that tribal off-reservation waterfowl
harvest has averaged less than 1,050 ducks and 200 geese annually. In
the latest survey year for which we have specific results (2004), an
estimated 53 hunters took an estimated 421 trips and harvested 645
ducks (1.5 ducks per trip) and 84 geese (0.2 geese per trip). Analysis
of hunter survey data over 1996-2004 indicates a general downward trend
in both harvest and hunter participation.
Many of the components of the GLIFWC proposal are acceptable to the
Service and are adopted in this rule. However, a number of the
components are not in the best interest of the conservation of
migratory birds. More specific discussion follows below.
Allowing Electronic Calls
As we stated last year (76 FR 54676, September 1, 2011), the issue
of allowing electronic calls and other electronic devices for migratory
game bird hunting has been highly debated and highly controversial over
the last 40 years, similar to other prohibited hunting methods such as
baiting. Electronic calls, i.e., the use or aid of recorded or
electronic amplified bird calls or sounds, or recorded or electrically
amplified imitations of bird calls or sounds to lure or attract
migratory game birds to hunters, was Federally prohibited in 1957
because of its effectiveness in attracting and aiding the harvest of
ducks and geese and is generally not considered a legitimate component
of hunting. In 1999, after much debate, the migratory bird regulations
were revised to allow the use of electronic calls for the take of light
geese (lesser snow geese and Ross geese) during a light-goose-only
season when all other waterfowl and crane hunting seasons, excluding
falconry, were closed (64 FR 7507, February 16, 1999; 64 FR 71236,
December 20, 1999; and 73 FR 65926, November 5, 2008). The regulations
were subsequently changed also in 2006 to allow the use
[[Page 54453]]
of electronic calls for the take of resident Canada geese during
Canada-goose-only September seasons when all other waterfowl and crane
seasons, excluding falconry, were closed (71 FR 45964, August 10,
2006). In both instances, these changes were made in order to
significantly increase the take of these species for population
management due to either serious population overabundance, or
depredation issues, or public health and safety issues, or both.
Available information from the use of additional hunting methods,
such as electronic calls, during the special light-goose seasons
indicate that total harvest increased approximately 50-69 percent. On
specific days when light-goose special regulations were in effect, the
mean light goose harvest increased 244 percent. One research study
found that lesser snow goose flocks were 5.0 times more likely to fly
within gun range (<=50 meters) in response to electronic calls than to
traditional calls and the mean number of snow geese killed per hour per
hunter averaged 9.1 times greater for electronic calls than for
traditional calls. While these results are only directly applicable to
light geese, we believe these results are applicable to most waterfowl
species, and indicative of some likely adverse harvest impacts on other
geese and ducks.
Removal of the electronic call prohibition would be inconsistent
with our long-standing conservation concerns. Given available evidence
on the effectiveness of electronic calls, and the large biological
uncertainty surrounding any widespread use of electronic calls, we
believe the potential for overharvest could contribute to long-term
population declines. Further, migratory patterns, distribution, and
localized abundance of migratory birds could be affected and it is
possible that hunter participation could increase beyond GLIFWC's
estimates (50 percent) and could result in additional conservation
impacts, particularly on local breeding populations. Thus, we do not
support allowing the use of electronic calls in the 1837 and 1842
Treaty Areas.
Additionally, given the fact that tribal waterfowl hunting covered
by this proposal would occur on ceded lands that are not in the
ownership of the Tribes, we believe the use of electronic calls to take
waterfowl would lead to confusion on the part of the public, wildlife-
management agencies, and law enforcement officials in implementing the
requirements of 50 CFR part 20. Restricting the proposal to September
4-21 does not alleviate these concerns. Similar to the impacts of
baiting, uncertainties concerning the zone of influence attributed to
the use of electronic calls could potentially increase harvest from
nontribal hunters operating within areas electronic calls are being
used, or were used, thereby posing risks to the migratory patterns and
distribution of migratory waterfowl.
Lastly, we remind GLIFWC that electronic calls are permitted for
the take of resident Canada geese during Canada-goose-only September
seasons when all other waterfowl and crane seasons are closed. In the
case of GLIFWC's proposed seasons, electronic calls could only be used
September 1-3 for resident Canada geese (as GLIFWC's duck and crane
season begins September 4, as they proposed). This specific regulatory
change was implemented in 2006 in order to significantly control
resident Canada geese due to widespread population overabundance,
depredation issues, and public health and safety issues..
Expanded Shooting Hours
Normally, shooting hours for migratory game birds are one-half hour
before sunrise to sunset. A number of reasons and concerns have been
cited for extending shooting hours past sunset. Potential impacts to
some locally breeding populations (e.g., wood ducks), hunter safety,
difficulty of identifying birds, retrieval of downed birds, and impacts
on law enforcement are some of the normal concerns raised when
discussing potential expansions of shooting hours. However, despite
these concerns, in 2007, we supported the expansion of shooting hours
by 15 minutes after sunset in the 1837, 1842, and 1836 Treaty Areas (72
FR 58452, October 15, 2007). We had previously supported this expansion
in other tribal areas and have not been made aware of any wide-scale
problems. At that time, we further believed that the continuation of a
specific species restriction within the daily bag limit for mallards,
and the implementation of a species restriction within the daily bag
limit for wood ducks, would allay potential conservation concerns for
these species. We supported the increase with the understanding that we
would need to closely monitor tribal harvest through either GLIFWC's
own increased harvest surveys or GLIFWC's assisting the Service to
survey tribal hunters.
Last year, in deference to tribal traditions and in the interest of
cooperation, we approved shooting 30 minutes after sunset (an extension
of 15 minutes from the then-current 15 minutes after sunset) (76 FR
54676, September 1, 2011). This was consistent with other Tribes in the
general area (Fond du Lac, Leech Lake, Oneida, Sault Ste Marie, and
White Earth). Extending shooting hours on both the front end and the
back end of the day to 45 minutes before sunrise and 45 minutes after
sunset as GLIWFC has proposed would be contrary to public safety and
only heightens our previously identified concerns. It is widely
considered dark 45 minutes after sunset (and 45 minutes before
sunrise), and we see no viable remedies to allay our concerns. Shooting
this early or late would also significantly increase the potential take
of non-game birds. Thus, we cannot support increasing the shooting
hours by 15 minutes in the 1837 and 1842 Treaty Areas (to 45 minutes
before sunrise and 45 minutes after sunset).
Regarding GLIFWC's comments concerning our consistency with other
previous tribal proposals and recent changes in Wisconsin wolf hunting
regulation, we note that the referenced approval of shooting hours 45
minutes after sunset was for on-reservation hunting only at Sokaogon
Chippewa Community in Cranston, Wisconsin. Ceded lands were not part of
the Sokaogon's proposal or our approval. Lastly, we view the State of
Wisconsin's allowance for the hunting of wolves at night as a State
prerogative and not germane to the hunting of migratory birds (to
improve public safety, the Wisconsin Department of Natural Resources
has imposed additional restrictions for night wolf hunting to include:
(1) Using bait or predator call ,which the Service prohibits for
waterfowl; and (2) from a stationary position). We also note that
29.185(6)(d) (published April 16, 2012) limits wolf night hunting until
after the close of the deer season for safety concerns. This new State
allowance does not alleviate our previously identified concerns.
Increasing the Overall Daily Bag Limit for Ducks
Based on the proposed increased daily bag limits (from 30 to 50
ducks per day in the 1837 and 1842 Treaty Areas), GLIFWC is estimating
a relatively small additional duck harvest (1,050 to 1,575 ducks).
While it is possible that hunter participation and harvest could
increase beyond their estimates (50 percent), we do not anticipate such
an increase given their relatively small average daily harvest (2.2
ducks per day) and the GLIWFC proposals we are adopting. Further,
GLIFWC reports that the largest number of ducks reportedly harvested in
a single day was 20. Thus, we do not anticipate any large-scale harvest
shifts or significant biological conservation impacts with GLIFWC's
proposal.
[[Page 54454]]
However, we also note that GLIFWC's own dated harvest data indicates
that present daily bag limits do not appear to be a hindrance or
limiting factor for Tribal harvest, and increasing the daily bag limit
to 50 ducks from the present 30-duck daily bag limit would be far in
excess of anything we currently have experience with regarding tribal
migratory bird hunting regulations. We further note that in 2007, in an
effort to obtain the necessary information, we implemented a pilot
expansion of the daily bag limit for ducks to 30 birds per day in the
1837 and 1842 Treaty Areas. We supported this change with the
understanding that we would need to closely monitor tribal harvest
through either GLIFWC's own increased harvest surveys or GLIFWC's
assisting the Service to survey tribal hunters. We have reiterated our
request over the past several years for GLIFWC to continue their
current harvest survey based on our implementation of this pilot bag
limit increase for ducks in the 1837 and 1842 Treaty Areas in 2007,
particularly for species such as mallards, the bag limits for which
were subsequently significantly increased in 2008 (from 10 to 30 per
day). To date, we have not been presented with any new final reports
since the 2008 harvest survey results.
Remove Restrictions on Decoy Use in Wisconsin
In Wisconsin, State law requires that decoys may not be placed more
than an hour before legal shooting hours or left out more than 20
minutes after legal shooting hours. As we stated last year concerning a
similar decoy restriction in Michigan (76 FR 54676, September 1, 2011),
while we believe that there may be safety concerns with elimination of
such a restriction, we take no position on the relative need or lack of
need for such a restriction. Other than regulations on National
Wildlife Refuges and other Federal lands, there are no Federal
restrictions requiring the removal of unattended decoys.
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 believe the use of unattended decoys to ``reserve''
hunting areas in public waters (i.e., those lands in the ceded
territories outside of lands directly controlled by the Tribes) could
lead to confusion and frustration on the part of the public, hunters,
wildlife-management agencies, and law enforcement officials due to the
inherent difficulties of different sets of hunting regulations for
different areas and groups of hunters. However, we view this issue as a
Tribal-State issue, and the Service takes no position on it in this
rule.
Removal of Species Restrictions for Ducks
We have several concerns with GLIFWC's proposal to remove all
species restrictions within the overall duck daily bag limits in the
1837 and 1842 Treaty Areas. We have a number of duck species that are
either showing long-term downward population trends (pintails and black
ducks), or other species for which an increased daily bag limit of 50
birds per day could potentially have conservation impacts (scaup,
canvasbacks), particularly on locally breeding ducks (mallards and wood
ducks). Overharvest of these species in localized areas due to removal
of species restrictions could contribute to long-term declines.
However, while we believe the proposal to eliminate all species
restrictions within the daily bag limit for ducks could potentially
have resource conservation impacts on locally breeding duck
populations, and would prefer not to implement such a change at this
time, we are willing to remove the restrictions for tribal harvest in
the 1836, 1837, and 1842 ceded areas. As we stated last year regarding
the removal of possession limits (76 FR 54676, September 1, 2011), we
make this change with some trepidation. However, we see no significant
conservation implications given the relatively small numbers of tribal
hunters, and in the interest of our long-term relationship with GLIWFC
and the high importance GLIWFC has placed on this issue, we would agree
with this important change. We note that, should resource conservation
impacts be discovered, or should a particular species'' population
status warrant action, we would expect that the lack of species
restrictions would be revisited and adjusted accordingly, especially if
a particular species warranted a nationwide closed season (e.g.,
canvasbacks).
Earlier Duck Season Opening Date
The Migratory Bird Treaty allows the hunting of migratory game
birds beginning September 1. Generally, we have tried to guide Tribes
to select an opening date for duck hunting of no earlier than September
15. This guidance is based on our concern that hunting prior to
September 15 significantly increases the potential for taking ducks
that have not yet fully fledged (normally the result of late-nesting or
renesting hens) or species misidentification due to the fact that some
species and/or sexes are not yet readily distinguishable. While these
impacts primarily concern locally breeding ducks, the potential does
exist for the take of molt migrants, i.e., birds that have specifically
migrated to an area to complete the molting process. We would prefer
that GLIFWC adhere to this guidance and would prefer not to implement
such a change at this time. However, we see no significant conservation
implications given the relatively small numbers of tribal hunters and
are willing to allow GLIFWC to begin the duck season on September 4 in
the 1836, 1837, and 1842 ceded areas. We are implementing this change
in the interest of our long-term relationship with GLIWFC and the
understanding that if significant conservation impacts are discovered,
we would adjust the duck season opening date accordingly.
Sandhill Crane Season
We have no objections to the establishment of a sandhill crane
season in the 1837 and 1842 Treaty Areas. We note that at least one
other Tribe currently has a sandhill crane season (see (c) Fond du Lac
Band of Lake Superior Chippewa in Minnesota elsewhere in this rule) and
another proposed establishing a new season this year (see (d) Grand
Traverse Band of Ottawa and Chippewa in Michigan elsewhere in this
rule). All cranes in these current and new hunt areas are Eastern
Population (EP) sandhill cranes. EP sandhill cranes rebounded from near
extirpation in the late 1800s to more than 30,000 cranes by 1996. As of
last year, the current 3-year average population index for EP cranes
was 51,217 cranes. As a result of this rebound and their continued
range expansion, the Atlantic and Mississippi Flyway Councils developed
a cooperative management plan for this population, and criteria were
developed describing when hunting seasons could be opened. The State of
Kentucky held its first hunting season on this population in 2011-12
and harvested 50 cranes. Further, allowance for Tribal harvest is
specifically considered in the EP plan.
GLIFWC estimates that no more than 50 cranes will be harvested
during the season. We note that two cranes were harvested last year in
the inaugural Fond du Lac sandhill crane season. We support the
establishment of GLIFWC's new sandhill crane season. However, given the
need to closely monitor the harvest of this species, we requested that
GLIFWC implement either a special crane harvest tag or crane harvest
reporting system/survey to track crane harvest, similar to that
implemented by
[[Page 54455]]
Fond du Lac last year, and requested of Grand Traverse this year (see
(d) Grand Traverse Band of Ottawa and Chippewa Indians in Michigan
elsewhere in this rule).
Tundra Swan Season
As we stated with sandhill cranes, we are not opposed to the
establishment of a tundra swan season in Wisconsin. However, unlike the
sandhill crane issue, the establishment of a new tundra swan season in
the ceded territory areas in question involves several significant
concerns and special considerations. We believe these concerns need
further study and consideration before any implementation of a new
tundra swan season in the ceded territories.
First, the GLIFWC proposed areas in question are also home to
trumpeter swans. Many cooperators, including GLIFWC, worked together to
reestablish a breeding trumpeter swan population in the Great Lakes.
These efforts have been largely successful with the removal of this
species from the Wisconsin endangered species list in 2009. After a 25-
year recovery program, there are currently about 200 breeding pairs in
Wisconsin. However, it is very difficult to distinguish between tundra
and trumpeter swans unless swans vocalize in flight. We have
significant concerns over the accidental harvest of trumpeter swans by
tribal hunters hunting during a tundra swan season. Further, within
Wisconsin, the northern ceded territory is an area of high trumpeter
swan use containing over 80 percent of the breeding pairs. We believe
such areas should be avoided either temporally or geographically to the
extent possible. When a hunting season on tundra swans is ultimately
implemented, we believe it would be best to focus hunting efforts on
the primary tundra swan migration concentration areas while avoiding
areas of significant trumpeter swan numbers. Unfortunately, most such
areas are located outside of the ceded territories of northern
Wisconsin.
In addition to the concerns about potential impacts to trumpeter
swans, we believe it is imperative that any tribal tundra swan hunting
proposal follow the Eastern Population of tundra swans management plan
including a quota permit system and harvest reporting. The EP tundra
swan management plan was cooperatively developed by the Atlantic,
Central, and Mississippi Flyway Councils in 2007 and guides the
management and harvest of EP tundra swans.
While we appreciate GLIFWC's proposed revisions to their initial
tundra swan season proposal (area restrictions, mandatory registration,
and carcass verification), we continue to believe that a tribal tundra
swan hunting season in the ceded territory should not be implemented
this year. Given that all these concerns can be worked through over the
next year, we do not believe that implementation of a tundra swan
season next season is unrealistic. We note that both the Service and
the State wildlife agencies have considerable trumpeter swan
information that would be helpful in conducting additional biological
evaluation and harvest planning and are available to work with GLIFWC
on resolution of these issues. We would prefer that all these issues be
carefully considered and resolved by all involved parties to ensure
that whatever action permitted for tundra swans in the future is not
detrimental to trumpeter swans. We encourage GLIFWC to contact the
Service early next year to cooperatively work through the issues
involved with implementing a tundra swan season in the ceded
territories.
Correction to Merganser and Woodcock Seasons
As we stated regarding the earlier duck season opening date, while
we would prefer that GLIFWC not implement such a change at this time,
we see no significant conservation implications given the relatively
small numbers of tribal hunters and are willing to allow GLIFWC to
begin both the merganser and woodcock seasons on September 4 in the
1836 Treaty ceded areas. We are implementing this change in the
interest of our long-term relationship with GLIWFC and the
understanding that if significant conservation impacts are discovered,
we would adjust the season opening dates accordingly.
NEPA Consideration
NEPA considerations are covered by the programmatic document
``Final Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with the Environmental Protection Agency on June 9, 1988.
We published a notice of availability in the Federal Register on June
16, 1988 (53 FR 22582). We published our Record of Decision on August
18, 1988 (53 FR 31341). In addition, an August 1985 environmental
assessment entitled ``Guidelines for Migratory Bird Hunting Regulations
on Federal Indian Reservations and Ceded Lands'' is available from the
address indicated under the caption FOR FURTHER INFORMATION CONTACT.
In a notice published in the September 8, 2005, Federal Register
(70 FR 53376), we announced our intent to develop a new Supplemental
Environmental Impact Statement (SEIS) for the migratory bird hunting
program. Public scoping meetings were held in the spring of 2006, as
detailed in a March 9, 2006, Federal Register (71 FR 12216). We
released the draft SEIS on July 9, 2010 (75 FR 39577). The draft SEIS
is available either by writing to the address indicated under FOR
FURTHER INFORMATION CONTACT or by viewing our Web site at http://www.fws.gov/migratorybirds.
Endangered Species Act Consideration
Section 7 of the Endangered Species Act, as amended (16 U.S.C.
1531-1543; 87 Stat. 884), 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.
Additionally, these findings may have caused modification of some
regulatory measures previously proposed, and the final frameworks
reflect any such modifications. Our biological opinions resulting from
this section 7 consultation are public documents available for public
inspection at the address indicated under ADDRESSES.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Management and
Budget's (OMB) Office of Information and Regulatory Affairs (OIRA) will
review all significant rules. OIRA has determined that this rule is
significant because it will have an annual effect of $100 million or
more on the economy.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty,
[[Page 54456]]
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 2008-09 season. This
analysis was based on data from the 2006 National Hunting and Fishing
Survey, the most recent year for which data are available (see
discussion in Regulatory Flexibility Act section below). This analysis
estimated consumer surplus for three alternatives for duck hunting
(estimates for other species are not quantified due to lack of data).
The alternatives are (1) Issue restrictive regulations allowing fewer
days than those issued during the 2007-08 season, (2) Issue moderate
regulations allowing more days than those in alternative 1, and (3)
Issue liberal regulations identical to the regulations in the 2007-08
season. For the 2008-09 season, we chose alternative 3, with an
estimated consumer surplus across all flyways of $205-$270 million. We
also chose alternative 3 for the 2009-10 and the 2010-11 seasons. At
this time, we are proposing no changes to the season frameworks for the
2012-13 season, and as such, we will again consider these three
alternatives. However, final frameworks for waterfowl will be dependent
on population status information available later this year. For these
reasons, we have not conducted a new economic analysis, but the 2008-09
analysis is part of the record for this rule and is available at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://www.regulations.gov at
Docket No. FWS-R9-MB-2012-0005.
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, and 2008. 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 2008 Analysis was based on the 2006 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 $1.2 billion at small businesses in
2008. Copies of the Analysis are available upon request from the
Division of Migratory Bird Management (see ADDRESSES) or from our Web
site at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://www.regulations.gov at Docket No. FWS-R9-MB-2012-0005.
Small Business Regulatory Enforcement Fairness Act
This rule is a major rule under 5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act. For the reasons outlined above,
this rule will have an annual effect on the economy of $100 million or
more. However, because this rule establishes hunting seasons, we are
not deferring the effective date under the exemption contained in 5
U.S.C. 808(1).
Paperwork Reduction Act
We examined these regulations under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). The various recordkeeping and reporting
requirements imposed under regulations established in 50 CFR part 20,
subpart K, are utilized in the formulation of migratory game bird
hunting regulations. Specifically, OMB has approved the information
collection requirements of our Migratory Bird Surveys and assigned
control number 1018-0023 (expires 4/30/2014). This information is used
to provide a sampling frame for voluntary national surveys to improve
our harvest estimates for all migratory game birds in order to better
manage these populations. A Federal 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 Executive Order 12988.
Takings Implication Assessment
In accordance with Executive Order 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 allows hunters to exercise
otherwise unavailable privileges and, therefore, reduce restrictions on
the use of private and public property.
Energy Effects--Executive Order 13211
Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. While this rule is a
significant regulatory action under Executive Order 12866, it is not
expected to adversely affect energy supplies, distribution, or use.
Therefore, this action is not a significant energy action and no
Statement of Energy Effects is required.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we
have evaluated possible effects on Federally-recognized Indian tribes
and have determined that there are no effects on Indian trust
resources. However, in the April 17 Federal Register, we solicited
proposals for special migratory bird hunting regulations for certain
Tribes on Federal Indian reservations, off-reservation trust lands, and
ceded lands for the 2012-13 migratory bird hunting season. The
resulting proposals were contained in a separate August 16, 2012,
proposed rule (77 FR 49680). By virtue of these actions, we have
consulted with Tribes affected by this rule.
[[Page 54457]]
Federalism Effects
Due to the migratory nature of certain species of birds, the
Federal Government has been given responsibility over these species by
the Migratory Bird Treaty Act. We annually prescribe frameworks from
which the States make selections regarding the hunting of migratory
birds, and we employ guidelines to establish special regulations on
Federal Indian reservations and ceded lands. This process preserves the
ability of the States and tribes to determine which seasons meet their
individual needs. Any State or Indian tribe may be more restrictive
than the Federal frameworks at any time. The frameworks are developed
in a cooperative process with the States and the Flyway Councils. This
process allows States to participate in the development of frameworks
from which they will make selections, thereby having an influence on
their own regulations. These rules do not have a substantial direct
effect on fiscal capacity, change the roles or responsibilities of
Federal or State governments, or intrude on State policy or
administration. Therefore, in accordance with Executive Order 13132,
these regulations do not have significant federalism effects and do not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Regulations Promulgation
The rulemaking process for migratory game bird hunting must, by its
nature, operate under severe time constraints. However, we intend that
the public be given the greatest possible opportunity to comment. Thus,
when the preliminary proposed rulemaking was published, we established
what we believed were the longest periods possible for public comment.
In doing this, we recognized that when the comment period closed, time
would be of the essence. That is, if there were a delay in the
effective date of these regulations after this final rulemaking, States
and Tribes would have insufficient time 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. We therefore find that ``good cause'' exists, within the
terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and
these seasons will, therefore, take effect less than 30 days after the
date of 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--[AMENDED]
0
1. The authority citation for part 20 continues to read as follows:
Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C.
703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Pub. L.
106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.
Note: The following hunting regulations provided for by 50 CFR
20.110 will not appear in the Code of Federal Regulations because of
their seasonal nature.
0
2. Section 20.110 is revised to read as follows:
Sec. 20.110 Seasons, limits, and other regulations for certain
Federal Indian reservations, Indian Territory, and ceded lands.
Unless specifically provided for below, all of the regulations
contained in 50 CFR part 20 apply to the seasons listed herein.
(a) Colorado River Indian Tribes, Parker, Arizona (Tribal Members
and Nontribal Hunters).
Doves
Season Dates: Open September 1 through 15, 2012; then open November
10 through December 24, 2012.
Daily Bag and Possession Limits: For the early season, daily bag
limit is 10 mourning or white-winged doves, singly, or in the
aggregate. For the late season, the daily bag limit is 10 mourning
doves. Possession limits are twice the daily bag limits after the first
day of the season.
General Conditions: All persons 14 years and older must be in
possession of a valid Colorado River Indian Reservation hunting permit
before taking any wildlife on tribal lands. Any person transporting
game birds off the Colorado River Indian Reservation must have a valid
transport declaration form. Other tribal regulations apply, and may be
obtained at the Fish and Game Office in Parker, Arizona. The early
season will be open from one-half hour before sunrise until noon. For
the late season, shooting hours are from one-half hour before sunrise
to sunset.
(b) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Tribal Hunters).
Tribal Members Only
Ducks (Including Mergansers)
Season Dates: Open September 2, 2012, through March 9, 2013.
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.
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
sunrise to sunset, and each waterfowl hunter 16 years of age or older
must carry on his/her person a valid Migratory Bird Hunting and
Conservation Stamp (Duck Stamp) signed in ink across the stamp face.
Special regulations established by the Confederated Salish and Kootenai
Tribes also apply on the reservation.
(c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only).
Ducks
1854 and 1837 Ceded Territories:
Season Dates: Begin September 15 and end November 25, 2012.
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 25, 2012.
Daily Bag Limit: 12 ducks, including no more than 9 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 15 and end November 25, 2012.
[[Page 54458]]
Daily Bag Limit: 15 mergansers, including no more than 6 hooded
mergansers.
Reservation:
Season Dates: Begin September 1 and end November 25, 2012.
Daily Bag Limit: 10 mergansers, including no more than 4 hooded
mergansers.
Canada Geese: All Areas
Season Dates: Begin September 1 and end November 25, 2012.
Daily Bag Limit: 20 geese.
Coots and Common Moorhens (Common Gallinules)
1854 and 1837 Ceded Territories:
Season Dates: Begin September 15 and end November 25, 2012.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Reservation:
Season Dates: Begin September 1 and end November 25, 2012.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Sandhill Cranes: 1854 Ceded Territory only:
Season Dates: Begin September 1 and end November 25, 2012.
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 25, 2012.
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 25, 2012.
Daily Bag Limit: Eight common snipe.
Woodcock: All Areas.
Season Dates: Begin September 1 and end November 25, 2012.
Daily Bag Limit: Three woodcock.
Mourning Dove: All Areas.
Season Dates: Begin September 1 and end October 30, 2012.
Daily Bag Limit: 30 mourning dove.
General Conditions:
1. While hunting waterfowl, a tribal member must carry on his/her
person a valid tribal waterfowl hunting permit.
2. 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. These
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.
3. Band members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
4. There are no possession limits on any species, unless otherwise
noted above. For purposes of enforcing bag and possession limits, all
migratory birds in the possession or custody of band members on ceded
lands will be considered to have been taken on those lands unless
tagged by a tribal or State conservation warden as having been taken
on-reservation. All migratory birds that fall on reservation lands will
not count as part of any off-reservation bag or possession limit.
(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons
Bay, Michigan (Tribal Members Only).
All seasons in Michigan, 1836 Treaty Zone:
Ducks
Season Dates: Open September 15, 2012, through January 15, 2013.
Daily Bag Limit: 20 ducks, which may include no more than 5
pintail, 3 canvasback, 5 black ducks, 1 hooded merganser, 5 wood ducks,
3 redheads, and 9 mallards (only 4 of which may be hens).
Canada and Snow Geese
Season Dates: Open September 1 through November 30, 2012; and open
January 1, 2013, through February 8, 2013.
Daily Bag Limit: 10 geese.
Other Geese (White-fronted Geese and Brant)
Season Dates: Open September 20 through November 30, 2012.
Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and Woodcock
Season Dates: Open September 1 through November 14, 2012.
Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.
Mourning Doves
Season Dates: Open September 1 through November 14, 2012.
Daily Bag Limit: 10 mourning doves.
Sandhill Cranes
Season Dates: Open September 1 through November 30, 2012.
Daily Bag Limit: One sandhill crane.
General Conditions: A valid Grand Traverse Band Tribal license is
required and must be in possession before taking any wildlife. All
other basic regulations contained in 50 CFR part 20 are valid. Other
tribal regulations apply, and may be obtained at the tribal office in
Suttons Bay, Michigan.
(e) Great Lakes Indian Fish and Wildlife Commission, Odanah,
Wisconsin (Tribal Members Only).
The 2012-13 waterfowl hunting season regulations apply to all
treaty areas (except where noted):
Ducks
Season Dates: Begin September 4 and end December 31, 2012.
Daily Bag Limit: 1837 and 1842 Ceded Territories: 50 ducks.
1836 Ceded Territory: 30 ducks.
Mergansers
Season Dates: Begin September 4 and end December 31, 2012.
Daily Bag Limit: 10 mergansers.
Geese
Season Dates: Begin September 1 and end December 31, 2012. In
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting after December 1 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: 1836 Treaty Area Season Dates: Begin September 15 and
end December 31, 2012.
1837 and 1842 Treaty Area Season Dates: Begin September 4 and end
December 31, 2012.
Daily Bag Limit: 20 coots and common moorhens (common gallinules),
singly or in the aggregate.
Sora and Virginia Rails
Season Dates: 1836 Treaty Area Season Dates: Begin September 15 and
end December 31, 2012.
1837 and 1842 Treaty Area Season Dates: Begin September 4 and end
December 31, 2012.
Daily Bag and Possession Limits: 20 sora and Virginia rails, singly
or in the aggregate, 25.
Common Snipe
Season Dates: 1836 Treaty Area Season Dates: Begin September 15 and
end December 31, 2012.
1837 and 1842 Treaty Area Season Dates: Begin September 4 and end
December 31, 2012.
Daily Bag Limit: 16 common snipe.
Woodcock
Season Dates: Begin September 4 and end December 31, 2012.
Daily Bag Limit: 10 woodcock.
Mourning Dove: 1837 and 1842 Ceded Territories.
Season Dates: Begin September 1 and end November 9, 2012.
[[Page 54459]]
Daily Bag Limit: 15.
Sandhill Cranes: 1837 and 1842 Ceded Territories only.
Season Dates: Begin September 4 and end December 31, 2012.
Daily Bag Limit: 1 crane.
General Conditions
A. All tribal members will be required to obtain a valid tribal
waterfowl hunting permit.
B. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
model ceded territory conservation codes approved by Federal courts in
the Lac Courte Oreilles v. State of Wisconsin (Voigt), Mille Lacs Band
v. State of Minnesota, and United States v. Michigan cases. Chapter 10
in each of these model codes regulates ceded territory migratory bird
hunting. Both versions of Chapter 10 parallel Federal requirements as
to hunting methods, transportation, sale, exportation, and other
conditions generally applicable to migratory bird hunting. They also
automatically incorporate by reference the Federal migratory bird
regulations adopted in response to this regulation.
C. Particular regulations of note include:
1. Nontoxic shot will be required for all waterfowl hunting by
tribal members.
2. Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
3. There is no possession limit. For purposes of enforcing bag
limits, all migratory birds in the possession and custody of tribal
members on ceded lands will be considered to have been taken on those
lands unless tagged by a tribal or State conservation warden as taken
on reservation lands. All migratory birds that fall on reservation
lands will not count as part of any off-reservation bag or possession
limit.
4. The baiting restrictions included in the respective section
10.05(2)(h) of the model ceded territory conservation codes will be
amended to include language which parallels that in place for nontribal
members as published at 64 FR 29799, June 3, 1999.
5. The shell limit restrictions included in the respective section
10.05(2)(b) of the model ceded territory conservation codes will be
removed.
6. Hunting hours shall be from a half hour before sunrise to 30
minutes after sunset.
(f) [Reserved.]
(g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters).
Nontribal Hunters on Reservation
Geese
Season Dates: Open September 1 through 13, 2012, for the early-
season, and open October 1, 2012, through January 31, 2013, for the
late-season. During this period, days to be hunted are specified by the
Kalispel Tribe. Nontribal hunters should contact the Tribe for more
detail on hunting days.
Daily Bag and Possession Limits: 5 Canada geese for the early
season, and 3 light geese and 4 dark geese, for the late season. The
daily bag limit is 2 brant (when the State's season is open) and is in
addition to dark goose limits for the late-season. The possession limit
is twice the daily bag limit.
Ducks
Season Dates: Open September 22, 2012, through January 31, 2013.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 2 pintail, 1 canvasback, 3 scaup, and 2 redheads. The
possession limit is twice the daily bag limit.
Tribal Hunters Within Kalispel Ceded Lands
Ducks
Season Dates: Open October 1, 2012, through January 31, 2013.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 2 pintail, 1 canvasback, 3 scaup, and 2 redheads. The
possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 1, 2012, through January 31, 2013.
Daily Bag Limit: 6 light geese and 4 dark geese. The daily bag
limit is 2 brant and is in addition to dark goose limits.
General: Tribal members must possess a validated Migratory Bird
Hunting and Conservation Stamp and a tribal ceded lands permit.
(h) [Reserved.]
(i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only).
Ducks
Season Dates: Open September 15 through December 31, 2012.
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, 2012.
Daily Bag Limits: 10 geese.
General: Possession limits are twice the daily bag limits. Shooting
hours are one-half hour before sunrise to one-half hour after sunset.
Nontoxic shot is required. Use of live decoys, bait, and commercial use
of migratory birds are prohibited. Waterfowl may not be pursued or
taken while using motorized craft.
(j) [Reserved]
(k) The Little Traverse Bay Bands of Odawa Indians, Petoskey,
Michigan (Tribal Members Only).
Ducks
Season Dates: Open September 15, 2012, through January 31, 2013.
Daily Bag Limits: 20 ducks, including no more than 5 hen mallards,
5 black ducks, 5 redheads, 5 wood ducks, 5 pintail, 5 hooded merganser,
5 scaup, and 5 canvasback.
Coots and Gallinules
Season Dates: Open September 15 through December 31, 2012.
Daily Bag Limit: 20.
Canada Geese
Season Dates: Open September 1, 2012, through February 8, 2013.
Daily Bag Limit: 20.
Sora and Virginia Rails
Season Dates: Open September 1 through December 31, 2012.
Daily Bag Limit: 20.
Snipe
Season Dates: Open September 15 through December 31, 2012.
Daily Bag Limit: 16.
Mourning Doves
Season Dates: Open September 1 through November 14, 2012.
Daily Bag Limit: 15.
Woodcock
Season Dates: Open September 5 through December 1, 2012.
Daily Bag Limit: 10.
General: Possession limits are twice the daily bag limits.
(l) [Reserved.]
(m) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal
Members Only).
Ducks
Season Dates: Open September 15, 2012, through January 6, 2013.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, and two redheads.
Possession limit is twice the daily bag limit. Bag and possession
limits for harlequin ducks is one per season.
[[Page 54460]]
Geese
Season Dates: Open September 15, 2012, through January 6, 2013.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The seasons on Aleutian Canada geese and
brant are closed. Possession limit is twice the daily bag limit.
Coots
Season Dates: Open September 15, 2012, through January 6, 2013.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 15, 2012, through January 6, 2013.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 15, 2012, through January 6, 2013.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeon
Season Dates: Open September 15, 2012, through January 6, 2013.
Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
General: Tribal members must possess a tribal hunting permit from
the Lower Elwha Klallam Tribe pursuant to tribal law. Hunters must
observe all basic Federal migratory bird hunting regulations in 50 CFR
part 20.
(n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members).
Band-Tailed Pigeons
Season Dates: Open September 15 through October 28, 2012.
Daily Bag Limit: Two band-tailed pigeons.
Ducks and Coots
Season Dates: Open September 22, 2012, through January 26, 2013.
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.
Geese
Season Dates: Open September 22, 2012, through January 26, 2013.
Daily Bag Limit: Four including no more than one brant. The seasons
on Aleutian and dusky Canada geese are closed.
General
All other Federal regulations contained in 50 CFR part 20 apply.
The following restrictions also apply:
(1) As per Makah Ordinance 44, only shotguns may be used to hunt
any species of waterfowl. Additionally, shotguns must not be discharged
within 0.25 miles of an occupied area.
(2) Hunters must be eligible, enrolled Makah tribal members and
must carry their Indian Treaty Fishing and Hunting Identification Card
while hunting. No tags or permits are required to hunt waterfowl.
(3) The Cape Flattery area is open to waterfowl hunting, except in
designated wilderness areas, or within 1 mile of Cape Flattery Trail,
or in any area that is closed to hunting by another ordinance or
regulation.
(4) The use of live decoys and/or baiting to pursue any species of
waterfowl is prohibited.
(5) Steel or bismuth shot only for waterfowl is allowed; the use of
lead shot is prohibited.
(6) The use of dogs is permitted to hunt waterfowl.
(7) Shooting hours for all species of waterfowl are one-half hour
before sunrise to one-half hour after sunset.
(8) Open hunting areas are: GMUs 601 (Hoko), a portion of the 602
(Dickey) encompassing the area north of a line between Norwegian
Memorial and east to Highway 101, and 603 (Pysht).
(o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
(Tribal Members and Nontribal Hunters).
Band-Tailed Pigeons
Season Dates: Open September 1 through 30, 2012.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1 through 30, 2012.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General Conditions: Tribal and nontribal hunters will comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20,
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed
in ink across the face. Special regulations established by the Navajo
Nation also apply on the reservation.
(p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members Only).
Ducks (including mergansers)
Season Dates: Open September 15 through November 16, 2012, and open
November 26 through December 4, 2012.
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 November 16, 2012; and open
November 26 through December 30, 2012.
Daily Bag and Possession Limits: 5 and 10 Canada geese,
respectively, from September 1 through 14, 2012; and 3 and 6 Canada
geese, respectively, the remainder of the season. Hunters will be
issued five tribal tags during the early season and three tribal tags
during the late season for geese in order to monitor goose harvest. An
additional three tags will be issued each time birds are registered. A
seasonal quota of 300 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, 2012.
Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.
Dove
Season Dates: Open September 1 through November 4, 2012.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General Conditions: Tribal member shooting hours are one-half hour
before sunrise to one-half hour after sunset. Nontribal members hunting
on the Reservation or on lands under the jurisdiction of the Tribe must
comply with all State of Wisconsin regulations, including season dates,
shooting hours, and bag limits, which differ from tribal member
seasons. Tribal members and nontribal members hunting on the
Reservation or on lands under the jurisdiction of the Tribe will
observe all basic Federal migratory bird hunting regulations found in
50 CFR part 20, with the following exceptions: Tribal members are
exempt from the purchase of the Migratory Waterfowl Hunting and
Conservation Stamp (Duck Stamp); and shotgun capacity is not limited to
three shells.
(q) Point No Point Treaty Council, Kingston, Washington (Tribal
Members Only).
Jamestown S'Klallam Tribe
Ducks
Season Dates: Open September 15, 2012, through February 1, 2013.
[[Page 54461]]
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, four scoters, and
two redheads. Possession limit is twice the daily bag limit. Bag and
possession limits for harlequin ducks is one per season.
Geese
Season Dates: Open September 15, 2012, through March 10, 2013.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The seasons on Aleutian and cackling
Canada geese are closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open January 15 through January 31, 2013.
Daily Bag and Possession Limits: Two and four, respectively.
Coots
Season Dates: Open September 15, 2012, through February 1, 2013.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 15, 2012, through January 14, 2013.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 15, 2012, through March 10, 2013.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeon
Season Dates: Open September 15, 2012, through March 10, 2013.
Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
Port Gamble S'Klallam Tribe
Ducks
Season Dates: Open September 1, 2012, through February 10, 2013.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, four scoters, and
two redheads. Possession limit is twice the daily bag limit. Bag and
possession limits for harlequin ducks is one per season.
Geese
Season Dates: Open September 15, 2012, through March 10, 2013.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The seasons on Aleutian and cackling
Canada geese are closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open December 1, 2012, through February 10, 2013.
Daily Bag and Possession Limits: 2 and 4, respectively.
Coots
Season Dates: Open September 1, 2012, through January 27, 2013.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 1, 2012, through January 27, 2013.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 1, 2012, through March 10, 2013.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeon
Season Dates: Open September 1, 2012, through March 10, 2013.
Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
General: Tribal members must possess a tribal hunting permit from
the Point No Point Tribal Council pursuant to tribal law. Hunting hours
are from one-half hour before sunrise to sunset. Hunters must observe
all other basic Federal migratory bird hunting regulations in 50 CFR
part 20.
(r) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie,
Michigan (Tribal Members Only).
Mourning Doves
Season Dates: Open September 1 through November 14, 2012.
Daily Bag Limit: 10 doves.
Ducks
Season Dates: Open September 15 through December 31, 2012.
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, 2012.
Daily Bag Limit: 10.
Geese
Season Dates: Open September 1 through December 31, 2012.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1 through December 31, 2012.
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open September 2 through December 1, 2012.
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open September 15 through December 31, 2012.
Daily Bag Limits: 16.
Sora and Virginia Rails
Season Dates: Open September 1 through December 31, 2012.
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.
(s) [Reserved.]
(t) Skokomish Tribe, Shelton, Washington (Tribal Members Only).
Ducks
Season Dates: Open September 16, 2012, through February 28, 2013.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, one canvasback, one harlequin per
season, and two redheads. Possession limit is twice the daily bag limit
(except for harlequin).
Geese
Season Dates: Open September 16, 2012, through February 28, 2013.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The season on Aleutian Canada geese is
closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open November 1, 2012, through February 15, 2013.
Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
Season Dates: Open September 16, 2012, through February 28, 2013.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 16, 2012, through February 28, 2013.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
[[Page 54462]]
Snipe
Season Dates: Open September 16, 2012, through February 28, 2013.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeon
Season Dates: Open September 16, 2012, through February 28, 2013.
Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
General Conditions: All hunters authorized to hunt migratory birds
on the reservation must obtain a tribal hunting permit from the
respective Tribe. Hunters are also required to adhere to a number of
special regulations available at the tribal office. Hunters must
observe all other basic Federal migratory bird hunting regulations in
50 CFR part 20.
(u) Spokane Tribe of Indians, Spokane Indian Reservation and Ceded
Lands, Wellpinit, Washington (Tribal Members Only).
Ducks
Season Dates: Open September 2, 2012, through January 31, 2013.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, two pintail, one canvasback, three scaup, and
two redheads. Possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 2, 2012, through January 31, 2013.
Daily Bag and Possession Limits: Four dark geese and six light
geese. Possession limit is twice the daily bag limit.
General Conditions: All tribal hunters must have a valid Tribal ID
card on his or her person while hunting. Shooting hours are one-half
hour before sunrise to sunset, and steel shot is required for all
migratory bird hunting. Hunters must observe all other basic Federal
migratory bird hunting regulations in 50 CFR part 20.
(v) [Reserved.]
(w) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal
Members Only).
Band-Tailed Pigeon
Season Dates: Open September 1 through October 31, 2012.
Daily Bag and Possession Limits: Four and eight, respectively.
Mourning Dove
Season Dates: Open September 1 through October 31, 2012.
Daily Bag and Possession Limits: 10 and 20, respectively.
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.
(x) [Reserved.]
(y) The Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members and Nontribal Hunters).
Tribal Members Only
Ducks
Season Dates: Open September 7, 2012, through February 28, 2013.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, two pintail, one canvasback, three scaup, and
two redheads. Possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 7, 2012, through February 28, 2013.
Daily Bag and Possession Limits: Seven geese. Possession limit is
twice the daily bag limit.
Brant
Season Dates: Open September 7, 2012, through February 28, 2013.
Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
Season Dates: Open September 7, 2012, through February 28, 2013.
Daily Bag and Possession Limits: 25 and 25 coots, respectively.
Snipe
Season Dates: Open September 7, 2012, through February 28, 2013.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Nontribal Hunters
Snipe
Season Dates: Open November 14, 2012, through February 28, 2013.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
General Conditions: All tribal hunters must have a valid Tribal ID
card on his or her person while hunting. All nontribal hunters must
obtain and possess while hunting a valid Tulalip Tribe hunting permit
and be accompanied by a Tulalip Tribal member. Shooting hours are one-
half hour before sunrise to sunset, and steel shot is required for all
migratory bird hunting. Hunters must observe all other basic Federal
migratory bird hunting regulations in 50 CFR part 20.
(z) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only).
Mourning Dove
Season Dates: Open September 1 through December 31, 2012.
Daily Bag and Possession Limits: 12 and 15 mourning doves,
respectively.
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
one-half hour before official sunrise to one-half hour after official
sunset.
(aa) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only).
Canada Geese
Season Dates: Open September 5 through 22, 2012, and open October
29, 2012, through February 23, 2013.
Daily Bag Limits: Eight Canada geese during the first period and
eight during the second.
Snow Geese
Season Dates: Open September 5 through 22, 2012, and open November
26, 2012, through February 23, 2013.
Daily Bag Limits: 15 snow geese.
Sora and Virginia Rails
Season Dates: Open September 1 through November 10, 2012.
Daily Bag Limits: 5 sora and 10 Virginia Rails.
Snipe
Season Dates: Open September 1 through December 16, 2012.
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.
(bb) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal
Members Only).
Ducks
Season Dates: Open September 15 through December 16, 2012.
Daily Bag Limit for Ducks: 10 ducks, including no more than 2
female mallards, 1 pintail, and 1 canvasback.
Mergansers
Season Dates: Open September 15 through December 16, 2012.
Daily Bag Limit for Mergansers: Five mergansers, including no more
than two hooded mergansers.
Geese
Season Dates: Open September 1 through December 16, 2012.
[[Page 54463]]
Daily Bag Limit: Eight geese through September 21 and five
thereafter.
Coots
Season Dates: Open September 1 through November 30, 2012.
Daily Bag Limit: 20 coots.
Sora and Virginia Rails
Season Dates: Open September 1 through November 30, 2012.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate.
Common Snipe and Woodcock
Season Dates: Open September 1 through November 30, 2012.
Daily Bag Limit: 10 snipe and 10 woodcock.
Mourning Dove
Season Dates: Open September 1 through November 30, 2012.
Daily Bag Limit: 25 doves.
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.
(cc) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters).
Band-Tailed Pigeons (Wildlife Management Unit 10 and Areas South of Y-
70 and Y-10 in Wildlife Management Unit 7, Only)
Season Dates: Open September 1 through 15, 2012.
Daily Bag and Possession Limits: Three and six pigeons,
respectively.
Mourning Doves (Wildlife Management Unit 10 and Areas South of Y-70
and Y-10 in Wildlife Management Unit 7, Only)
Season Dates: Open September 1 through 15, 2012.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General Conditions: All nontribal hunters hunting band-tailed
pigeons and mourning doves on Reservation lands shall have in their
possession a valid White Mountain Apache Daily or Yearly Small Game
Permit. In addition to a small game permit, all nontribal hunters
hunting band-tailed pigeons must have in their possession a White
Mountain Special Band-tailed Pigeon Permit. Other special regulations
established by the White Mountain Apache Tribe apply on the
reservation. Tribal and nontribal hunters will comply with all basic
Federal migratory bird hunting regulations in 50 CFR Part 20 regarding
shooting hours and manner of taking.
(dd) [Reserved.]
Dated: August 30, 2012.
Rachel Jacobson,
Principal Assistant Deputy Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-21969 Filed 8-31-12; 4:15 pm]
BILLING CODE 4310-55-P