[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Rules and Regulations]
[Pages 53217-53229]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20981]
[[Page 53217]]
Vol. 78
Wednesday,
No. 167
August 28, 2013
Part III
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 20
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain
Federal Indian Reservations and Ceded Lands for the 2013-14 Early
Season; Final Rule
Federal Register / Vol. 78 , No. 167 / Wednesday, August 28, 2013 /
Rules and Regulations
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2013-0057; FF09M21200-134-FXMB1231099BPP0]
RIN 1018-AY87
Migratory Bird Hunting; Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2013-14
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, 2013.
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-HQ-MB-2013-0057.
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 2, 2013, Federal Register (78 FR 47136), we proposed
special migratory bird hunting regulations for the 2013-14 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 9, 2013, Federal Register
(78 FR 21200), we requested that tribes desiring special hunting
regulations in the 2013-14 hunting season submit a proposal for our
review.
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 2, 2013, we published a proposed rule that
included special migratory bird hunting regulations for 30 Indian
tribes, based on the input we received in response to the April 9,
2013, 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 2 proposed rule.
Although the August 2 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 24 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 2 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 2013-14 migratory bird hunting season, we proposed
regulations for 30 tribes and/or Indian groups that followed the 1985
guidelines. Only 27 tribes were considered appropriate for final
rulemaking because we did not receive proposals from 3 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; 24 tribes have proposals with early seasons. The comment
period for the proposed rule, published on August 2, 2013, closed on
August 12, 2013. Because of the necessary brief comment period, we will
respond to any comments on the proposed rule and/or these regulations
postmarked by August 12, but not received prior to final action by us,
in the September late-season final rule. At this time, we have received
two comments.
Great Lakes Indian Fish and Wildlife Commission's (GLIFWC) Proposal
We received comments on GLIFWC's initial proposal from the
Mississippi Flyway Council and the State of Wisconsin.
The Mississippi Flyway Council recommended denial of GLIFWC's
waterfowl hunting season requests regarding the use of electronic
calls, a swan season in primary trumpeter swan breeding range, and
extending shooting hours to 45 minutes before sunrise and after sunset.
The Council supported the GLIFWC's expansion of non-toxic shot
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use and a bag limit of 2 for sandhill cranes.
The State of Wisconsin, Department of Natural Resources (WIDNR)
noted the long history of working cooperatively with GLIFWC and
individual tribes in the conservation of Wisconsin's waterfowl and
wetland resources. However, WIDNR 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 believes 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 also opposed the extension of shooting hours to 45
minutes before sunrise and 45 minutes past sunset because of safety and
resource concerns. WIDNR also believes that a tribal tundra and
trumpeter swan hunting season in the ceded territory should not be
implemented in 2013, because additional biological evaluation and
harvest planning should be conducted, especially in light of 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 was
supportive of the tribal sandhill crane daily bag limit increase from
one to two and the use of nontoxic shot for all migratory bird hunting.
Service Response: The GLIFWC 2013 proposal has 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 through September 20; would extend shooting hours by 45 minutes
before sunrise and after sunset; would increase the daily bag limit
from 1 to 2 sandhill cranes; would allow the first hunting season of
swans; would open the season for several species (other than geese) to
September 1; and would require nontoxic shot for all migratory bird
hunting. In the 1836 Treaty Area, the GLIFWC's proposal would open the
season for several species to September 1 to align with the goose
season.
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, and 2007-08,
2011, and 2012) indicate that tribal off-reservation waterfowl harvest
has averaged fewer than 1,100 ducks and 250 geese annually. In the
latest survey year for which we have specific results (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. GLIFWC is still completing a
survey initiated after the 2012 season to determine if any increase in
harvest occurred following several regulation changes.
While we acknowledge that tribal harvest and participation has
declined in recent years, we do not believe that some of the GLIFWC's
proposal for tribal waterfowl seasons on ceded lands in Wisconsin,
Michigan, and Minnesota for the 2013-14 season is in the best interest
of the conservation of migratory birds. More specific discussion
follows below.
Allowing Electronic Calls
As we stated the last two years (76 FR 54676, September 1, 2011; 77
FR 54451, September 5, 2012), 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, were
Federally prohibited in 1957, because of their effectiveness in
attracting and aiding the harvest of ducks and geese and are 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; 73 FR 65926,
November 5, 2008). The regulations were also changed in 2006, to allow
the use of electronic calls for the take of resident Canada geese
during Canada-goose-only September seasons when all other waterfowl and
crane seasons, excluding falconry, were closed (71 FR 45964, August 10,
2006). In both instances, these changes were made in order to
significantly increase the take of these species due to either serious
population overabundance, depredation issues, or public health and
safety issues, or a combination of these.
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 to 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 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 locally breeding populations. Thus, we
continue to 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
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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. Further, 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 during the dates of the general hunt, 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 be used
September 1-14 for resident Canada geese (as long as GLIFWC's duck and
crane season begins no earlier than September 15; see further
discussion below under Earlier Season Opening Date). 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. Further, at that time, we 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
the Tribe and we would closely monitor tribal harvest.
Last year, in deference to tribal traditions and in the interest of
cooperation, and despite our previously identified concerns regarding
species identification, species conservation of locally breeding
populations, retrieval of downed birds, hunter safety, and law
enforcement impacts, we approved shooting 30 minutes after sunset (an
extension of 15 minutes from the then-current 15 minutes after sunset)
(77 FR 54451, September 5, 2012). 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 an additional 15 minutes in the 1837 and 1842 Treaty Areas (to
45 minutes before sunrise and 45 minutes after sunset).
Earlier Season Opening Date
The Migratory Bird Treaty Act 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. Last year, we
allowed GLIFWC to open the general duck season on September 4 in the
1836, 1837, and 1842 ceded areas. While we would prefer that GLIFWC not
implement such a change at this time until we can see any impacts
associated with the earlier September opening date, we see no
significant conservation implications given the small date change and
the relatively small numbers of tribal hunters and we are willing to
allow GLIFWC to begin the duck season on September 1 in the 1836, 1837,
and 1842 ceded areas. We are proposing 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. However, we note that a September
1 opening date for ducks would preclude any use of electronic calls for
Canada geese.
Sandhill Crane Daily Bag Limit
We have no objections to the proposed increase of the sandhill
crane daily bag limit from one to two in the 1837 and 1842 Treaty
Areas. We note that at least two other Tribes currently have a sandhill
crane season (see ``(c) Fond du Lac Band of Lake Superior Chippewa
Indians'' in Minnesota and ``(d) Grand Traverse Band of Ottawa and
Chippewa Indians'' in Michigan elsewhere in this rule). All cranes in
these current and proposed hunt areas are Eastern Population (EP)
sandhill cranes. EP sandhill cranes rebounded from near extirpation in
the late 1800s to over 30,000 cranes by 1996, and the 2012 EP sandhill
crane fall survey index (87,796) increased by 21 percent from 2011. 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 (harvesting
92 cranes last year), and the State of Tennessee is proposing a new
experimental season this year with a maximum allowed harvest of 2,325
cranes (78 FR 45376, July 26, 2013). Further, allowance for Tribal
harvest is specifically considered in the EP plan.
GLIFWC reported that only 2 cranes were harvested last year in
their inaugural crane season and estimates that no more than 20 cranes
will be harvested during the proposed season. We further note that two
cranes were harvested in 2011, in the inaugural Fond du Lac sandhill
crane season, and none last year. While we support the increase in the
crane daily bag limit, given the need to closely monitor the harvest of
this species, we suggest that GLIFWC closely track crane harvest,
similar to that implemented by Fond du Lac and Grand Traverse, which
could include a tag or permit type system as recommended in the EP
management plan.
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Swan Season
As we stated last year (77 FR 54451, September 5, 2012), we are not
opposed to the establishment of a tundra swan season in Wisconsin.
Further, we are not conceptually opposed to the establishment of a
general swan season. However, the establishment of a new 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 swan
season in the ceded territories. Our position has not changed.
First, the proposed areas in question are home to significant
numbers of trumpeter swans. While the GLIFWC's proposed season is for
both tundra and trumpeter swans, there are important differences that
require careful consideration. 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 Wisconsin's endangered species list in
2009. After a 25-year recovery program, there are currently about 200
breeding pairs in Wisconsin. We have significant concerns at this time
concerning the harvest of trumpeter swans by tribal hunters hunting
during a 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 swans (either tundra, trumpeters, or both) is
ultimately implemented, we believe it would be best to focus hunting
efforts on the primary tundra swan migration concentrations while
avoiding areas of significant trumpeter swan numbers. Unfortunately,
most such areas are located outside of the ceded territories of
northern Wisconsin. GLIWFC's proposal to not open the season until
November 1, when they state that migrant swans have typically arrived
into the ceded areas in appreciable numbers, does not alleviate our
previously identified concerns.
In addition to the concerns about potential impacts to trumpeter
swans, we believe it is imperative that any tribal 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.
For these reasons, we do not believe that a tribal swan hunting
season in the ceded territory should be implemented this year. Given
that all these concerns can be worked through, we do not believe that
implementation of a swan 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 these issues.
National Environmental Policy Act (NEPA)
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 2013-
14,'' with its corresponding August 19, 2013, finding of no significant
impact. 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.
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. 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 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.
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, 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 2013-14 season. This
analysis was based on data from the 2011 National Hunting and Fishing
Survey, the most recent year for which data are available (see
discussion in Regulatory Flexibility Act section below). This analysis
estimated consumer surplus for three alternatives for duck hunting
(estimates for other species are not quantified due to lack of data).
The alternatives are (1) issue restrictive regulations allowing fewer
days than those issued during the 2012-13 season, (2) issue moderate
regulations allowing more days than those in alternative 1, and (3)
issue liberal regulations identical to the regulations in the 2012-
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13 season. For the 2013-14 season, we chose Alternative 3, with an
estimated consumer surplus across all flyways of $317.8-$416.8 million.
We also chose alternative 3 for the 2009-10, the 2010-11, the 2012-13,
and the 2012-13 seasons. The 2013-14 analysis is part of the record for
this rule and is available at http://www.regulations.gov at Docket No.
FWS-HQ-MB-2013-0057.
Regulatory Flexibility Act
The annual migratory bird hunting regulations have a significant
economic impact on substantial numbers of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the
economic impacts of the annual hunting regulations on small business
entities in detail as part of the 1981 cost-benefit analysis. This
analysis was revised annually from 1990-95. In 1995, the Service issued
a Small Entity Flexibility Analysis (Analysis), which was subsequently
updated in 1996, 1998, 2004, 2008, and 2013. The primary source of
information about hunter expenditures for migratory game bird hunting
is the National Hunting and Fishing Survey, which is conducted at 5-
year intervals. The 2013 Analysis was based on the 2011 National
Hunting and Fishing Survey and the U.S. Department of Commerce's County
Business Patterns, from which it was estimated that migratory bird
hunters would spend approximately $1.5 billion at small businesses in
2013. Copies of the Analysis are available upon request from the
Division of Migratory Bird Management (see FOR FURTHER INFORMATION
CONTACT) or from our Web site at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or
at http://www.regulations.gov at Docket No. FWS-HQ-MB-2013-0057.
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
This final rule does not contain any new information collection
that requires approval under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). We may not conduct or sponsor and you are not
required to respond to a collection of information unless it displays a
currently valid OMB control number. OMB has reviewed and approved the
information collection requirements associated with migratory bird
surveys and assigned the following OMB control numbers:
1018-0010--Mourning Dove Call Count Survey (expires 4/30/
2015).
1018-0019--North American Woodcock Singing Ground Survey
(expire 4/30/2015).
1018-0023--Migratory Bird Surveys (expires 4/30/2014).
Includes Migratory Bird Harvest Information Program, Migratory Bird
Hunter Surveys, Sandhill Crane Survey, and Parts Collection Survey.
Unfunded Mandates Reform Act
We have determined and certify, in compliance with the requirements
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking 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 (16 U.S.C. 703-711), 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 9 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 2013-14 migratory bird hunting season. The
resulting proposals were contained in a separate August 2, 2013,
proposed rule (78 FR 47136). By virtue of these actions, 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 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
[[Page 53223]]
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, 2013; then open November
9 through December 23, 2013.
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, 2013, through March 9, 2014.
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 14 and end November 24, 2013.
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 24, 2013.
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 14 and end November 24, 2013.
Daily Bag Limit: 15 mergansers, including no more than 6 hooded
mergansers.
Reservation:
Season Dates: Begin September 1 and end November 24, 2013.
Daily Bag Limit: 10 mergansers, including no more than 4 hooded
mergansers.
Canada Geese: All Areas
Season Dates: Begin September 1 and end November 24, 2013.
Daily Bag Limit: 20 geese.
Coots and Common Moorhens (Common Gallinules)
1854 and 1837 Ceded Territories:
Season Dates: Begin September 14 and end November 24, 2013.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Reservation:
Season Dates: Begin September 1 and end November 24, 2013.
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 25, 2013.
Daily Bag Limit: One sandhill crane. Crane carcass tags are
required prior to hunting.
Sora and Virginia Rails: All Areas
Season Dates: Begin September 1 and end November 24, 2013.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate.
[[Page 53224]]
Common Snipe: All Areas
Season Dates: Begin September 1 and end November 24, 2013.
Daily Bag Limit: Eight common snipe.
Woodcock: All Areas
Season Dates: Begin September 1 and end November 24, 2013.
Daily Bag Limit: Three woodcock.
Mourning Doves: All Areas
Season Dates: Begin September 1 and end October 30, 2013.
Daily Bag Limit: 30 mourning doves.
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.
5. Shooting hours for migratory birds are one-half hour before
sunrise to one-half hour after sunset.
(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, 2013, through January 15, 2014.
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, 2013; and open
January 1, 2014, through February 8, 2014.
Daily Bag Limit: 10 geese.
Other Geese (white-fronted geese and brant)
Season Dates: Open September 20 through November 30, 2013.
Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and Woodcock
Season Dates: Open September 1 through November 14, 2013.
Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.
Mourning Doves
Season Dates: Open September 1 through November 14, 2013.
Daily Bag Limit: 10 mourning doves.
Sandhill Cranes
Season Dates: Open September 1 through November 30, 2013.
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. Shooting
hours for migratory birds are one-half hour before sunrise to one-half
hour after sunset. All other basic regulations contained in 50 CFR part
20 are valid. Other tribal regulations apply, and may be obtained at
the tribal office in Suttons Bay, Michigan.
(e) Great Lakes Indian Fish and Wildlife Commission, Odanah,
Wisconsin (Tribal Members Only).
The 2013-14 waterfowl hunting season regulations apply to all
treaty areas (except where noted):
Ducks
Season Dates: Begin September 1 and end December 31, 2013.
Daily Bag Limit: 1837 and 1842 Ceded Territories: 50 ducks.
1836 Ceded Territory: 30 ducks.
Mergansers
Season Dates: Begin September 1 and end December 31, 2013.
Daily Bag Limit: 10 mergansers.
Geese
Season Dates: Begin September 1 and end December 31, 2013. 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: Begin September 1 and end December 31, 2013.
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, 2013.
Daily Bag and Possession Limits: 20 sora and Virginia rails, singly
or in the aggregate, 25.
Common Snipe
Season Dates: Begin September 1 and end December 31, 2013.
Daily Bag Limit: 16 common snipe.
Woodcock
Season Dates: Begin September 3 and end December 31, 2013.
Daily Bag Limit: 10 woodcock.
Mourning Doves: 1837 and 1842 Ceded Territories
Season Dates: Begin September 1 and end November 9, 2013.
Daily Bag Limit: 15 doves.
Sandhill Cranes: 1837 and 1842 Ceded Territories only
Season Dates: Begin September 1 and end December 31, 2013.
Daily Bag Limit: 2 cranes.
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
[[Page 53225]]
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 one-half hour before sunrise to one-
half hour 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 7 through September 15, 2013, for the
early-season, and open October 1, 2013, through January 31, 2014, 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 21, through September 23, 2013, and
open September 28 through September 30, 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, 2013, through January 31, 2014.
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, 2013, through January 31, 2014.
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 1 through December 31, 2013.
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, 2013.
Daily Bag Limits: 10 geese.
General: Possession limits are twice the daily bag limits. Shooting
hours are one-half hour before sunrise to one-half hour after sunset.
Nontoxic shot is required. Use of live decoys, bait, and commercial use
of migratory birds are prohibited. Waterfowl may not be pursued or
taken while using motorized craft.
(j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only).
1836 Ceded Territory and Tribal Reservation:
Ducks
Season Dates: Open September 15, 2013, through January 20, 2014.
Daily Bag Limits: 12 ducks, including no more than 6 mallards (2 of
which may be hens), 3 black ducks, 5 redheads, 3 wood ducks, 2 pintail,
1 hooded merganser, and 2 canvasback.
Canada Geese
Season Dates: Open September 1, 2013, through February 8, 2014.
Daily Bag Limit: 20.
White-fronted Geese, Brant, and Snow Geese
Season Dates: Open September 20, 2013, through November 30, 2013.
Daily Bag Limit: 5.
Woodcock, Mourning Doves, Snipe, and Sora and Virginia Rails
Season Dates: Open September 1 through November 14, 2013.
Daily Bag Limit: 5 Woodcock and 10 each of the other species.
General: Possession limits are twice the daily bag limits.
(k) The Little Traverse Bay Bands of Odawa Indians, Petoskey,
Michigan (Tribal Members Only).
Ducks
Season Dates: Open September 15, 2013, through January 31, 2014.
Daily Bag Limits: 20 ducks, including no more than 5 hen mallards,
5 black ducks, 5 redheads, 5 wood ducks, 5 pintail, 5 scaup, and 5
canvasback.
Mergansers
Season Dates: Open September 15, 2013, through January 31, 2014.
Daily Bag Limits: 10 mergansers, including no more than 5 hooded
mergansers.
Coots and Gallinules
Season Dates: Open September 15 through December 31, 2013.
Daily Bag Limit: 20.
Canada Geese
Season Dates: Open September 1, 2013, through February 8, 2014.
Daily Bag Limit: 20.
Sora and Virginia Rails
Season Dates: Open September 1 through December 31, 2013.
Daily Bag Limit: 20.
Snipe
Season Dates: Open September 15 through December 31, 2013.
Daily Bag Limit: 16.
Mourning Doves
Season Dates: Open September 1 through November 14, 2013.
Daily Bag Limit: 15.
Woodcock
Season Dates: Open September 5 through December 1, 2013.
Daily Bag Limit: 10.
Sandhill Cranes
Season Dates: Open September 1 through December 1, 2013.
Daily Bag Limit: 1.
General: Possession limits are twice the daily bag limits.
(l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters).
Tribal Members
Ducks, Mergansers, and Coots
Season Dates: Open September 1, 2013, through March 10, 2014.
Daily Bag and Possession Limits: Six ducks, including no more five
mallards (only two of which may be hens), four scaup, one mottled duck,
two redheads, three wood ducks, one canvasback, and
[[Page 53226]]
two pintail. Coot daily bag limit is 15. Merganser daily bag limit is
five, including no more than two hooded mergansers. The possession
limit is twice the daily bag limit.
Canada Geese
Season Dates: Open September 1, 2013, through March 10, 2014.
Daily Bag and Possession Limits: Three and six, respectively.
White-fronted Geese
Season Dates: Open September 1, 2013, through March 10, 2014.
Daily Bag and Possession Limits: Two and four, respectively.
Light Geese
Season Dates: Open September 1, 2013, through March 10, 2014.
Daily Bag Limit: 20.
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. Nontribal hunters must possess a validated Migratory
Bird Hunting and Conservation Stamp. The Lower Brule Sioux Tribe has an
official Conservation Code that hunters must adhere to when hunting in
areas subject to control by the Tribe.
(m) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal
Members Only).
Ducks
Season Dates: Open September 14, 2013, through January 5, 2014.
Daily Bag and Possession Limits: Eight 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.
Geese
Season Dates: Open September 14, 2013, through January 5, 2014.
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 14, 2013, through January 5, 2014.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 14, 2013, through January 5, 2014.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 14, 2013, through January 5, 2014.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeons
Season Dates: Open September 14, 2013, through January 5, 2014.
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 14 through October 27, 2013.
Daily Bag Limit: Two band-tailed pigeons.
Ducks and Coots
Season Dates: Open September 21, 2013, through January 26, 2014.
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 21, 2013, through January 26, 2014.
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, 2013.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1 through 30, 2013.
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 14 through November 15, 2013, and open
November 25 through December 1, 2013.
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 15, 2013; and open
November 25 through December 29, 2013.
Daily Bag and Possession Limits: 5 and 10 Canada geese,
respectively, from September 1 through 13, 2013; and 3 and 6 Canada
geese, respectively, the remainder of the season. Hunters will be
issued five tribal tags during the early
[[Page 53227]]
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 7 through November 3, 2013.
Daily Bag and Possession Limits: Two and four woodcock,
respectively.
Doves
Season Dates: Open September 7 through November 3, 2013.
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, 2013, through February 1, 2014.
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, 2013, through March 10, 2014.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The season on cackling Canada geese is
closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open January 15 through January 31, 2014.
Daily Bag and Possession Limits: Two and four, respectively.
Coots
Season Dates: Open September 15, 2013, through February 1, 2014.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 15, 2013, through January 14, 2014.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 15, 2013, through March 10, 2014.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeons
Season Dates: Open September 15, 2013, through March 10, 2014.
Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
Port Gamble S'Klallam Tribe
Ducks
Season Dates: Open September 2, 2013, through January 31, 2014.
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, 2013, through March 9, 2014.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The season on cackling Canada geese is
closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open November 9, 2013, through January 31, 2014.
Daily Bag and Possession Limits: 2 and 4, respectively.
Coots
Season Dates: Open September 2, 2013, through January 31, 2014.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 2, 2013, through January 31, 2014.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 1, 2013, through March 9, 2014.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeons
Season Dates: Open September 2, 2013, through March 9, 2014.
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, 2013.
Daily Bag Limit: 10 doves.
Ducks
Season Dates: Open September 15 through December 31, 2013.
Daily Bag Limits: 20, including no more than 10 mallards (only 5 of
which may be hens), 5 canvasbacks, 5 black ducks, and 5 wood ducks.
Mergansers
Season Dates: Open September 15 through December 31, 2013.
Daily Bag Limit: 10.
Geese
Season Dates: Open September 1 through December 31, 2013.
Daily Bag Limit: 20 geese.
Coots and Gallinule
Season Dates: Open September 1 through December 31, 2013.
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open September 2 through December 1, 2013.
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open September 15 through December 31, 2013.
Daily Bag Limits: 16 snipe.
Sora and Virginia Rails
Season Dates: Open September 1 through December 31, 2013.
Daily Bag Limits: 20 rails in the aggregate.
General: Possession limits are twice the daily bag limits except
for rails, of which the possession limit equals the
[[Page 53228]]
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, 2013, through February 28, 2014.
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, 2013, through February 28, 2014.
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, 2013, through February 15, 2014.
Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
Season Dates: Open September 16, 2013, through February 28, 2014.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 16, 2013, through February 28, 2014.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 16, 2013, through February 28, 2014.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeons
Season Dates: Open September 16, 2013, through February 28, 2014.
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, 2013, through January 31, 2014.
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, 2013, through January 31, 2014.
Daily Bag and Possession Limits: Four dark geese and six light
geese. Possession limit is twice the daily bag limit.
General Conditions: All tribal hunters must have a valid Tribal
identification card on his or her person while hunting. Shooting hours
are one-half hour before sunrise to sunset, and steel shot is required
for all migratory bird hunting. Hunters must observe all other basic
Federal migratory bird hunting regulations in 50 CFR part 20.
(v) [Reserved]
(w) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal
Members Only).
Band-tailed Pigeons
Season Dates: Open September 1 through October 31, 2013.
Daily Bag and Possession Limits: Four and eight, respectively.
Mourning Doves
Season Dates: Open September 1 through October 31, 2013.
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 Only).
Ducks and Mergansers
Season Dates: Open September 4, 2013, through February 29, 2014.
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 4, 2013, through February 29, 2014.
Daily Bag and Possession Limits: Seven geese. Possession limit is
twice the daily bag limit.
Brant
Season Dates: Open September 4, 2013, through February 29, 2014.
Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
Season Dates: Open September 4, 2013, through February 29, 2014.
Daily Bag and Possession Limits: 25 and 25 coots, respectively.
Snipe
Season Dates: Open September 4, 2013, through February 29, 2014.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
General Conditions: All tribal hunters must have a valid Tribal
identification card on his or her person while hunting. All nontribal
hunters must obtain and possess while hunting a valid Tulalip Tribe
hunting permit and be accompanied by a Tulalip Tribal member. Shooting
hours are one-half hour before sunrise to sunset, and steel shot is
required for all migratory bird hunting. Hunters must observe all other
basic Federal migratory bird hunting regulations in 50 CFR part 20.
(z) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only).
Mourning Doves
Season Dates: Open September 1 through December 31, 2013.
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 4 through 21, 2013, and open October
28, 2013, through February 22, 2014.
Daily Bag Limits: Eight Canada geese.
[[Page 53229]]
Snow Geese
Season Dates: Open September 4 through 21, 2013, and open November
25, 2013, through February 22, 2014.
Daily Bag Limits: 15 snow geese.
Sora and Virginia Rails
Season Dates: Open September 2 through November 10, 2013.
Daily Bag Limits: 5 sora and 10 Virginia Rails.
Snipe
Season Dates: Open September 2 through December 16, 2013.
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 14 through December 15, 2013.
Daily Bag Limit for Ducks: 10 ducks, including no more than 2
female mallards, 1 pintail, and 1 canvasback.
Mergansers
Season Dates: Open September 14 through December 15, 2013.
Daily Bag Limit for Mergansers: Five mergansers, including no more
than two hooded mergansers.
Geese
Season Dates: Open September 1 through December 15, 2013.
Daily Bag Limit: Eight geese through September 20 and five
thereafter.
Coots
Season Dates: Open September 1 through November 30, 2013.
Daily Bag Limit: 20 coots.
Sora and Virginia Rails
Season Dates: Open September 1 through November 30, 2013.
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, 2013.
Daily Bag Limit: 10 snipe and 10 woodcock.
Mourning Doves
Season Dates: Open September 1 through November 30, 2013.
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, 2013.
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, 2013.
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 19, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-20981 Filed 8-27-13; 8:45 am]
BILLING CODE 4310-55-P