[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)]
[Proposed Rules]
[Pages 34225-34240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12576]
[[Page 34225]]
Vol. 81
Friday,
No. 103
May 27, 2016
Part V
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 20
Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2016-17
Season; Proposed Rule
Federal Register / Vol. 81 , No. 103 / Friday, May 27, 2016 /
Proposed Rules
[[Page 34226]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2015-0034; FF09M21200-167-FXMB1231099BPP0]
RIN 1018-BA70
Migratory Bird Hunting; Proposed Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for
the 2016-17 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or
we) proposes special migratory bird hunting regulations for certain
Tribes on Federal Indian reservations, off-reservation trust lands, and
ceded lands for the 2016-17 migratory bird hunting season.
DATES: You must submit comments on the proposed regulations by June 27,
2016.
ADDRESSES: Comments: You may submit comments on the proposals by one of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments on Docket No. FWS-HQ-
MB-2015-0034.
U.S. mail or hand delivery: Public Comments Processing,
Attn: FWS-HQ-MB-2015-0034; Division of Policy, Performance, and
Management Programs; U.S. Fish and Wildlife Service; MS: BPHC; 5275
Leesburg Pike; Falls Church, VA 22041-3803.
We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Comments, below, for more information).
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS: MB, 5275 Leesburg Pike, Falls
Church, VA 22041-3803; (703) 358-1967.
SUPPLEMENTARY INFORMATION: As part of DOI's retrospective regulatory
review, we developed a schedule for migratory game bird hunting
regulations that is more efficient and will provide dates much earlier
than was possible under the old process. This will facilitate planning
for the States and all parties interested in migratory bird hunting.
Beginning with the 2016-17 hunting season, we are using a new schedule
for establishing our annual migratory game bird hunting regulations. We
will combine the current early- and late-season regulatory actions into
a single process, based on predictions derived from long-term
biological information and harvest strategies, to establish migratory
bird hunting seasons much earlier than the system we have used for many
years. Under the new process, we will develop proposed hunting season
frameworks for a given year in the fall of the prior year. We will
finalize those frameworks a few months later, thereby enabling the
State agencies to select and publish their season dates in early
summer. This rulemaking is part of that process.
We developed the guidelines for establishing special migratory bird
hunting regulations for Indian Tribes in response to tribal requests
for recognition of their reserved hunting rights and, for some Tribes,
recognition of their authority to regulate hunting by both tribal and
nontribal hunters on their reservations. The guidelines include
possibilities for:
(1) On-reservation hunting by both tribal and nontribal hunters,
with hunting by nontribal hunters on some reservations to take place
within Federal frameworks but on dates different from those selected by
the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of the
usual Federal frameworks for season dates and length, and for daily bag
and possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits.
In all cases, the regulations established under the guidelines must
be consistent with the March 10 to September 1 closed season mandated
by the 1916 Convention between the United States and Great Britain (for
Canada) for the Protection of Migratory Birds (Treaty). The guidelines
apply to those Tribes having recognized reserved hunting rights on
Federal Indian reservations (including off-reservation trust lands) and
on ceded lands. They also apply to establishing migratory bird hunting
regulations for nontribal hunters on all lands within the exterior
boundaries of reservations where Tribes have full wildlife management
authority over such hunting or where the Tribes and affected States
otherwise have reached agreement over hunting by nontribal hunters on
lands owned by non-Indians within the reservation.
Tribes usually have the authority to regulate migratory bird
hunting by nonmembers on Indian-owned reservation lands, subject to
Service approval. The question of jurisdiction is more complex on
reservations that include lands owned by non-Indians, especially when
the surrounding States have established or intend to establish
regulations governing hunting by non-Indians on these lands. In such
cases, we encourage the Tribes and States to reach agreement on
regulations that would apply throughout the reservations. When
appropriate, we will consult with a Tribe and State with the aim of
facilitating an accord. We also will consult jointly with tribal and
State officials in the affected States where Tribes wish to establish
special hunting regulations for tribal members on ceded lands. Because
of past questions regarding interpretation of what events trigger the
consultation process, as well as who initiates it, we provide the
following clarification.
We routinely provide copies of Federal Register publications
pertaining to migratory bird management to all State Directors, Tribes,
and other interested parties. It is the responsibility of the States,
Tribes, and others to notify us of any concern regarding any feature(s)
of any regulations. When we receive such notification, we will initiate
consultation.
Our guidelines provide for the continued harvest of waterfowl and
other migratory game birds by tribal members on reservations where such
harvest has been a customary practice. We do not oppose this harvest,
provided it does not take place during the closed season defined by the
Treaty, and does not adversely affect the status of the migratory bird
resource. Before developing the guidelines, we reviewed available
information on the current status of migratory bird populations,
reviewed the current status of migratory bird hunting on Federal Indian
reservations, and evaluated the potential impact of such guidelines on
migratory birds. We concluded that the impact of migratory bird harvest
by tribal members hunting on their reservations is minimal.
One area of interest in Indian migratory bird hunting regulations
relates to hunting seasons for nontribal hunters on dates that are
within Federal frameworks, but which are different from those
established by the State(s) where the reservation is located. A large
influx of nontribal hunters onto a reservation at a time when the
season is closed in the surrounding State(s) could result in adverse
population impacts on one or more migratory bird species. The
guidelines make this unlikely, and we may modify regulations or
establish experimental special hunts, after
[[Page 34227]]
evaluation of information obtained by the Tribes.
The guidelines provide appropriate opportunity to accommodate the
reserved hunting rights and management authority of Indian Tribes while
ensuring that the migratory bird resource receives necessary
protection. The conservation of this important international resource
is paramount. Further, the guidelines should not be viewed as
inflexible. In this regard, we note that they have been employed
successfully since 1985. They have been tested adequately and,
therefore, we made them final beginning with the 1988-89 hunting season
(53 FR 31612, August 18, 1988). We should stress here, however, that
use of the guidelines is not mandatory and no action is required if a
Tribe wishes to observe the hunting regulations established by the
State(s) in which the reservation is located.
Regulations Schedule for 2016
On August 6, 2015, we published in the Federal Register (80 FR
47388) a proposal to amend 50 CFR part 20. The proposal provided a
background and overview of the migratory bird hunting regulations
process, and addressed the establishment of seasons, limits, and other
regulations for hunting migratory game birds under Sec. Sec. 20.101
through 20.107, 20.109, and 20.110 of subpart K. Major steps in the
2016-17 regulatory cycle relating to open public meetings and Federal
Register notifications were also identified in the August 6, 2015,
proposed rule.
The August 6 proposed rule also provided detailed information on
the proposed 2016-17 regulatory schedule and announced the Service
Regulations Committee (SRC) and Flyway Council meetings.
On October 20-21, 2015, we held open meetings with the Flyway
Council Consultants, at which the participants reviewed information on
the current status of migratory game birds and developed
recommendations for the 2016-17 regulations for these species.
On December 11, 2015, we published in the Federal Register (80 FR
77088) the proposed frameworks for the 2016-17 season migratory bird
hunting regulations. On March 28, 2016, we published in the Federal
Register (81 FR 17302) a final rule that contained final frameworks for
migratory bird hunting seasons from which wildlife conservation agency
officials from the States, Puerto Rico, the Virgin Islands, and the
Tribes will select hunting dates, hours, areas, and limits. We will
publish a subsequent final rule in late May amending subpart K of title
50 CFR part 20 to set hunting seasons, hours, areas, and limits for the
2016-17 hunting seasons.
Population Status and Harvest
Preliminary information on the status of waterfowl and information
on the status and harvest of migratory shore and upland game birds was
excerpted from various reports and provided in the July 21, 2015,
Federal Register (80 FR 43266). For more detailed information on
methodologies and results, you may obtain complete copies of the
various reports at the address indicated under FOR FURTHER INFORMATION
CONTACT or from our Web site at http://www.fws.gov/migratorybirds/NewsPublicationsReports.html.
Hunting Season Proposals From Indian Tribes and Organizations
For the 2016-17 hunting season, we received requests from 23 Tribes
and Indian organizations. In this proposed rule, we respond to these
requests and also evaluate anticipated requests for six Tribes from
whom we usually hear but from whom we have not yet received proposals.
We actively solicit regulatory proposals from other tribal groups that
are interested in working cooperatively for the benefit of waterfowl
and other migratory game birds. We encourage Tribes to work with us to
develop agreements for management of migratory bird resources on tribal
lands.
The proposed frameworks for flyway regulations were published in
the Federal Register on December 11, 2015 (80 FR 77088), and the final
frameworks published on March 28, 2016 (81 FR 17302). We notified
affected Tribes of season dates, bag limits, etc., of the final
frameworks. As previously discussed, no action is required by Tribes
wishing to observe migratory bird hunting regulations established by
the State(s) where they are located. The proposed regulations for the
30 Tribes that meet the established criteria are shown below.
(a) Colorado River Indian Tribes, Colorado River Indian Reservation,
Parker, Arizona (Tribal Members and Nontribal Hunters)
The Colorado River Indian Reservation is located in Arizona and
California. The Tribes own almost all lands on the reservation, and
have full wildlife management authority.
We have yet to hear from the Colorado River Indian Tribes. The
Tribes usually request a split dove season, with the early season
beginning on September 1 and ending on September 15, 2016. Daily bag
limits would be 15 mourning or white-winged doves in the aggregate, of
which no more than 10 may be white-winged dove. Possession limit would
be 45, of which no more than 30 may be white-winged dove. The Tribes
usually request the late season for doves to open November 7 and close
December 20, 2016. The daily bag limit would be 15 mourning doves. The
possession limit would be 45. Shooting hours would be from one-half
hour before sunrise to noon in the early season and until sunset in the
late season. Other special tribally set regulations would apply.
The Tribes also usually propose duck hunting seasons. The season
would usually open October 17, 2016, and close January 25, 2017. The
Tribes usually propose the same season dates for mergansers, coots, and
common moorhens. The daily bag limit for ducks, including mergansers,
would be seven, except that the daily bag limits could contain no more
than two hen mallards, two redheads, two Mexican ducks, two goldeneye,
three scaup, one pintail, two cinnamon teal, and one canvasback. The
possession limit would be twice the daily bag limit after the first day
of the season. The daily bag and possession limit for coots and common
moorhens would be 25, singly or in the aggregate. Shooting hours would
be from one-half hour before sunrise to sunset.
For geese, the Colorado River Indian Tribes usually propose a
season of October 18, 2016, through January 19, 2017. The daily bag
limit for geese would be three light geese and three dark geese. The
possession limit would be six light geese and six dark geese after
opening day. Shooting hours would be from one-half hour before sunrise
to sunset.
In 1996, the Tribes conducted a detailed assessment of dove
hunting. Results showed approximately 16,100 mourning doves and 13,600
white-winged doves were harvested by approximately 2,660 hunters who
averaged 1.45 hunter-days. Field observations and permit sales indicate
that fewer than 200 hunters participate in waterfowl seasons. Under the
proposed regulations described here and based upon past seasons, we and
the Tribes estimate harvest will be similar.
Hunters must have a valid Colorado River Indian Reservation hunting
permit and a Federal Migratory Bird Hunting and Conservation Stamp in
their possession while hunting. Other special tribally set regulations
would apply. As in the past, the regulations would apply both to tribal
and nontribal hunters, and nontoxic shot is required for waterfowl
hunting.
We propose to approve the Colorado River Indian Tribes regulations
for the 2016-17 hunting season, if the seasons'
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dates fall within final flyway frameworks (applies to nontribal hunters
only) and upon receipt of their proposal.
(b) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Tribal and Nontribal Hunters)
For the past several years, the Confederated Salish and Kootenai
Tribes and the State of Montana have entered into cooperative
agreements for the regulation of hunting on the Flathead Indian
Reservation. The State and the Tribes are currently operating under a
cooperative agreement signed in 1990, which addresses fishing and
hunting management and regulation issues of mutual concern. This
agreement enables all hunters to utilize waterfowl hunting
opportunities on the reservation.
As in the past, tribal regulations for nontribal hunters would be
at least as restrictive as those established for the Pacific Flyway
portion of Montana. Goose, duck, and coot season dates would also be at
least as restrictive as those established for the Pacific Flyway
portion of Montana. Shooting hours for waterfowl hunting on the
Flathead Reservation are one-half hour before sunrise to one-half hour
after sunset. Steel shot or other federally approved nontoxic shots are
the only legal shotgun loads on the reservation for waterfowl or other
game birds.
For tribal members, the Tribe proposes outside frameworks for ducks
and geese of September 1, 2016, through March 9, 2017. Daily bag and
possession limits were not proposed for tribal members.
The requested season dates and bag limits are similar to past
regulations. Harvest levels are not expected to change significantly.
Standardized check station data from the 1993-94 and 1994-95 hunting
seasons indicated no significant changes in harvest levels and that the
large majority of the harvest is by nontribal hunters.
We propose to approve the Tribes' request for special migratory
bird regulations for the 2016-17 hunting season.
(c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only)
Since 1996, the Service and the Fond du Lac Band of Lake Superior
Chippewa Indians have cooperated to establish special migratory bird
hunting regulations for tribal members. The Fond du Lac's May 26, 2016,
proposal covers land set apart for the band under the Treaties of 1837
and 1854 in northeastern and east-central Minnesota and the Band's
Reservation near Duluth.
The band's proposal for 2016-17 is essentially the same as that
approved last year. The proposed 2016-17 waterfowl hunting season
regulations for Fond du Lac are as follows:
Ducks
A. 1854 and 1837 Ceded Territories
Season Dates: Begin September 10 and end November 30, 2016.
Daily Bag Limit: 18 ducks, including no more than 12 mallards (only
3 of which may be hens), 9 black ducks, 9 scaup, 9 wood ducks, 9
redheads, 9 pintails, and 9 canvasbacks.
B. Reservation
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: 12 ducks, including no more than 8 mallards (only
2 of which may be hens), 6 black ducks, 6 scaup, 6 redheads, 6
pintails, 6 wood ducks, and 6 canvasbacks.
Mergansers
A. 1854 and 1837 Ceded Territories
Season Dates: Begin September 10 and end November 30, 2016.
Daily Bag Limit: 15 mergansers, including no more than 6 hooded
mergansers.
B. Reservation
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: 10 mergansers, including no more than 4 hooded
mergansers.
Canada Geese
A. 1854 and 1837 Ceded Territories
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: 20 geese.
B. Reservation:
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: 20 geese.
Sandhill Cranes
1854 and 1837 Ceded Territories Only
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: Two sandhill cranes. A crane carcass tag is
required prior to hunting.
Coots and Common Moorhens (Common Gallinules)
A. 1854 and 1837 Ceded Territories
Season Dates: Begin September 10 and end November 30, 2016.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
B. Reservation
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Sora and Virginia Rails
All Areas
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate.
Snipe
All Areas
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: Eight snipe.
Woodcock
All Areas
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: Three woodcock.
Mourning Dove
All Areas
Season Dates: Begin September 1 and end November 30, 2016.
Daily Bag Limit: 30 mourning doves.
The following general conditions apply:
1. While hunting waterfowl, a tribal member must carry on his/her
person a valid Ceded Territory License.
2. Shooting hours for migratory birds are one-half hour before
sunrise to one-half hour after sunset.
3. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
provisions of Chapter 10 of the Model Off-Reservation Code. Except as
modified by the Service rules adopted in response to this proposal,
these amended regulations parallel Federal requirements in 50 CFR part
20 as to hunting methods, transportation, sale, exportation, and other
conditions generally applicable to migratory bird hunting.
4. Band members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
5. There are no possession limits for migratory birds. For purposes
of enforcing bag limits, all migratory birds in the possession or
custody of band members on ceded lands will be considered to have been
taken on those lands unless tagged by a tribal or State
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conservation warden as having been taken on-reservation. All migratory
birds that fall on reservation lands will not count as part of any off-
reservation bag or possession limit.
The band anticipates harvest will be fewer than 500 ducks and
geese, and fewer than 10 sandhill cranes.
We propose to approve the request for special migratory bird
hunting regulations for the Fond du Lac Band of Lake Superior Chippewa
Indians.
(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
In the 1995-96 migratory bird seasons, the Grand Traverse Band of
Ottawa and Chippewa Indians and the Service first cooperated to
establish special regulations for waterfowl. The Grand Traverse Band is
a self-governing, federally recognized Tribe located on the west arm of
Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse
Band is a signatory Tribe of the Treaty of 1836. We have approved
special regulations for tribal members of the 1836 treaty's signatory
Tribes on ceded lands in Michigan since the 1986-87 hunting season.
For the 2016-17 season, the Tribe requests that the tribal member
duck season run from September 1, 2016, through January 15, 2017. A
daily bag limit of 25 would include no more than 6 pintail, 4
canvasback, 3 hooded merganser, 6 black ducks, 6 wood ducks, 5
redheads, and 12 mallards (only 6 of which may be hens).
For Canada and snow geese, the Tribe proposes a September 1, 2016,
through January 31, 2017, season. For white-fronted geese and brant,
the Tribe proposes a September 20 through December 30, 2016, season.
The daily bag limit for Canada and snow geese would be 10, and the
daily bag limit for white-fronted geese and including brant would be 5
birds. We further note that, based on available data (of major goose
migration routes), it is unlikely that any Canada geese from the
Southern James Bay Population will be harvested by the Tribe.
For woodcock, the Tribe proposes a September 1 through November 14,
2016, season. The daily bag limit will not exceed five birds. For
mourning doves, snipe, and rails, the Tribe proposes a September 1
through November 14, 2016, season. The daily bag limit would be 10 per
species.
For sandhill crane, the Tribe proposes a September 1 through
November 14, 2016, season. The daily bag limit would be two birds and a
season limit of six birds.
Shooting hours would be from one-half hour before sunrise to one-
half hour after sunset. All other Federal regulations contained in 50
CFR part 20 would apply. The Tribe proposes to monitor harvest closely
through game bag checks, patrols, and mail surveys. Harvest surveys
from the 2013-14 hunting season indicated that approximately 30 tribal
hunters harvested an estimated 100 ducks and 45 Canada geese.
We propose to approve the Grand Traverse Band of Ottawa and
Chippewa Indians 2016-17 special migratory bird hunting proposal.
(e) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin
(Tribal Members Only)
Since 1985, various bands of the Lake Superior Tribe of Chippewa
Indians have exercised judicially recognized, off-reservation hunting
rights for migratory birds in Wisconsin. The specific regulations were
established by the Service in consultation with the Wisconsin
Department of Natural Resources and the Great Lakes Indian Fish and
Wildlife Commission (GLIFWC) (GLIFWC is an intertribal agency
exercising delegated natural resource management and regulatory
authority from its member Tribes in portions of Wisconsin, Michigan,
and Minnesota). Beginning in 1986, a Tribal season on ceded lands in
the western portion of the Michigan Upper Peninsula was developed in
coordination with the Michigan Department of Natural Resources. We have
approved regulations for Tribal members in both Michigan and Wisconsin
since the 1986-87 hunting season. In 1987, GLIFWC requested, and we
approved, regulations to permit Tribal members to hunt on ceded lands
in Minnesota, as well as in Michigan and Wisconsin. The States of
Michigan and Wisconsin originally concurred with the regulations,
although both Wisconsin and Michigan have raised various concerns over
the years. Minnesota did not concur with the original regulations,
stressing that the State would not recognize Chippewa Indian hunting
rights in Minnesota's treaty area until a court with jurisdiction over
the State acknowledges and defines the extent of these rights. In 1999,
the U.S. Supreme Court upheld the existence of the tribes' treaty
reserved rights in Minnesota v. Mille Lacs Band, 199 S. Ct. 1187
(1999).
We acknowledge all of the States' concerns, but point out that the
U.S. Government has recognized the Indian treaty reserved rights, and
that acceptable hunting regulations have been successfully implemented
in Minnesota, Michigan, and Wisconsin. Consequently, in view of the
above, we have approved regulations since the 1987-88 hunting season on
ceded lands in all three States. In fact, this recognition of the
principle of treaty reserved rights for band members to hunt and fish
was pivotal in our decision to approve a 1991-92 season for the 1836
ceded area in Michigan. Since then, in the 2007 Consent Decree the 1836
Treaty Tribes' and Michigan Department of Natural Resources and
Environment established court-approved regulations pertaining to off-
reservation hunting rights for migratory birds.
For 2016, the GLIFWC proposes off-reservation special migratory
bird hunting regulations on behalf of the member Tribes of the Voigt
Intertribal Task Force of the GLIFWC (for the 1837 and 1842 Treaty
areas in Wisconsin and Michigan), the Mille Lacs Band of Ojibwe and the
six Wisconsin Bands (for the 1837 Treaty area in Minnesota), and the
Bay Mills Indian Community (for the 1836 Treaty area in Michigan).
Member Tribes of the Task Force are: The Bad River Band of the Lake
Superior Tribe of Chippewa Indians, the Lac Courte Oreilles Band of
Lake Superior Chippewa Indians, the Lac du Flambeau Band of Lake
Superior Chippewa Indians, the Red Cliff Band of Lake Superior Chippewa
Indians, the St. Croix Chippewa Indians of Wisconsin, and the Sokaogon
Chippewa Community (Mole Lake Band), all in Wisconsin; the Mille Lacs
Band of Chippewa Indians and the Fond du Lac Band of Lake Superior
Chippewa Indians in Minnesota; and the Lac Vieux Desert Band of
Chippewa Indians and the Keweenaw Bay Indian Community in Michigan.
The GLIFWC 2016 proposal has four changes from regulations approved
last season. In the 1837 and 1842 Treaty Areas, the GLIFWC proposal
would allow the use of electronic calls for any open season under a
limited and experimental design with up to only 50 Tribal hunters to
obtain permits and use electronic calls during any open season. In
addition to obtaining a special permit, the Tribal hunter would be
required to complete and submit a hunt diary for each hunt where
electronic calls were used. In addition, GLIFWC would also like to
develop regulations for night hunting of waterfowl, baiting of
waterfowl, and trapping migratory birds.
GLIFWC states that the proposed regulatory changes are intended to
increase the subsistence opportunities for tribal migratory bird
hunters and
[[Page 34230]]
provide opportunities for more efficient harvesting. Under GLIFWC's
proposed regulations, GLIFWC expects total ceded territory harvest to
be approximately 2,000 to 3,000 ducks, 400 to 600 geese, 20 sandhill
cranes, and 20 swans, which, with the exception of ducks, is roughly
similar to anticipated levels in previous years for those species for
which seasons were established. 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, 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 (2012), an estimated 86
hunters took an estimated 1,090 trips and harvested 1,799 ducks (1.7
ducks per trip) and 822 geese. Two sandhill cranes were reported
harvested in each of the first three Tribal sandhill crane seasons, and
no swans were harvested in 2014. Analysis of hunter survey data over
1996-2012 indicates a general downward trend in both harvest and hunter
participation. While we acknowledge that tribal harvest and
participation has declined in recent years, we do not believe that
allowing the use of electronic calls at this time for tribal waterfowl
seasons on ceded lands in Wisconsin, Michigan, and Minnesota for the
2016-17 season is in the best interest of the conservation of migratory
birds. We have no issues with extending the mourning dove season. More
specific discussion on the use of electronic calls follows below.
Allowing Electronic Calls
As we have stated the last 5 years (76 FR 54676, September 1, 2011;
77 FR 54451, September 5, 2012; 78 FR 53218, August 28, 2013; 79 FR
52226, September 3, 2014; 80 FR 52663, September 1, 2015), 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 because they 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.
In our previous responses on this issue, we have discussed
available information regarding the use of electronic calls during the
special light-goose seasons and our conclusions to its applicability to
other waterfowl species. Given available evidence on the effectiveness
of electronic calls, we continue to be concerned about the large
biological uncertainty surrounding any widespread use of electronic
calls. Additionally, given the fact that tribal waterfowl hunting
covered by this proposal would occur on ceded lands that are not in the
ownership of the Tribes, we remain very concerned that 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.
Notwithstanding our concerns, we appreciate GLIFWC's latest
proposal on the issue. GLIFWC has proposed a limited use of electronic
calls under an experimental design with up to only 50 Tribal hunters.
Hunters would be required to obtain special permits and complete and
submit a hunt diary for each hunt where electronic calls were used.
Clearly, GLIFWC has given this issue considerable thought. We also
understand GLIFWC's position on this issue; their desire to increase
tribal hunter opportunity, harvest, and participation; and the
importance that GLIFWC has ascribed to this and other issues. In our
recent discussions with them, they have expressed a willingness to work
with us to further discuss these issues, all the uncertainties and
difficulties surrounding them, and the overall Federal-Tribal process
for addressing these and other such issues. However, these discussions
are ongoing, and we are not yet at a point that would allow our
approval of this proposal, or any such proposal. Further, it would be
premature at this time to approve such a measure, or any such measure,
until we finalize the Federal-Tribal process, roles, and
responsibilities for addressing this and other such issues. It is our
hope that over the next year, we can continue these discussions. We
remain hopeful that we can reach a mutually agreeable resolution.
Thus, at this time, removal of the electronic-call prohibition,
even with the proposed limited and experimental design, would be
inconsistent with our long-standing concerns, and we do not support
allowing the use of electronic calls in the 1837 and 1842 Treaty Areas
for any open season.
The proposed 2016-17 waterfowl hunting season regulations apply to
all treaty areas (except where noted) for GLIFWC as follows:
Ducks
Season Dates: Begin September 1 and end December 31, 2016.
Daily Bag Limit: 50 ducks in the 1837 and 1842 Treaty Area; 30
ducks in the 1836 Treaty Area.
Mergansers
Season Dates: Begin September 1 and end December 31, 2016.
Daily Bag Limit: 10 mergansers.
Geese
Season Dates: Begin September 1 and end December 31, 2016. In
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting outside of these dates will also be
open concurrently for tribal members.
Daily Bag Limit: 20 geese in aggregate.
Other Migratory Birds
A. Coots and Common Moorhens (Common Gallinules)
Season Dates: Begin September 1 and end December 31, 2016.
Daily Bag Limit: 20 coots and common moorhens (common gallinules),
singly or in the aggregate.
[[Page 34231]]
B. Sora and Virginia Rails
Season Dates: Begin September 1 and end December 31, 2016.
Daily Bag and Possession Limits: 20, singly, or in the aggregate,
25.
C. Snipe
Season Dates: Begin September 1 and end December 31, 2016.
Daily Bag Limit: 16 snipe.
D. Woodcock
Season Dates: Begin September 6 and end December 31, 2016.
Daily Bag Limit: 10 woodcock.
E. Mourning Dove
1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and end November 29, 2016.
Daily Bag Limit: 15 mourning doves.
F. Sandhill Cranes
1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and end December 31, 2016.
Daily Bag Limit: 2 cranes.
G. Swans
1837 and 1842 Ceded Territories Only
Season Dates: Begin November 1 and end December 31, 2016.
Daily Bag Limit: 2 swans. All harvested swans must be registered by
presenting the fully-feathered carcass to a tribal registration station
or GLIFWC warden. If the total number of trumpeter swans harvested
reaches 10, the swan season will be closed by emergency tribal rule.
General Conditions
A. All tribal members will be required to obtain a valid tribal
waterfowl-hunting permit.
B. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
model ceded-territory conservation codes approved by Federal courts in
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs
Band v. State of Minnesota cases. Chapter 10 in each of these model
codes regulates ceded-territory migratory bird hunting. Both versions
of Chapter 10 parallel Federal requirements as to hunting methods,
transportation, sale, exportation, and other conditions generally
applicable to migratory bird hunting. They also automatically
incorporate by reference the Federal migratory bird regulations adopted
in response to this proposal.
C. Particular regulations of note include:
1. Nontoxic shot will be required for all waterfowl hunting by
tribal members.
2. Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
3. There are no possession limits, with the exception of 2 swans
(in the aggregate) and 25 rails (in the aggregate). For purposes of
enforcing bag limits, all migratory birds in the possession and custody
of tribal members on ceded lands will be considered to have been taken
on those lands unless tagged by a tribal or State conservation warden
as taken on reservation lands. All migratory birds that fall on
reservation lands will not count as part of any off-reservation bag or
possession limit.
4. The baiting restrictions included in the respective section
10.05(2)(h) of the model ceded-territory conservation codes will be
amended to include language that parallels the language in place for
nontribal members as published at 64 FR 29799, June 3, 1999.
5. There are no shell-limit restrictions.
6. Hunting hours are from 30 minutes before sunrise to 30 minutes
after sunset.
We propose to approve the above GLIFWC regulations for the 2016-17
hunting season.
(f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New
Mexico (Tribal Members and Nontribal Hunters)
The Jicarilla Apache Tribe has had special migratory bird hunting
regulations for tribal members and nonmembers since the 1986-87 hunting
season. The Tribe owns all lands on the reservation and has recognized
full wildlife-management authority. In general, the proposed seasons
would be more conservative than allowed by the Federal frameworks of
last season and by States in the Pacific Flyway.
The Tribe proposes a 2016-17 waterfowl and Canada goose season
beginning October 8, 2016, and a closing date of November 30, 2016.
Daily bag and possession limits for waterfowl would be the same as
Pacific Flyway States. The Tribe proposes a daily bag limit for Canada
geese of two. Other regulations specific to the Pacific Flyway
guidelines for New Mexico would be in effect.
During the Jicarilla Game and Fish Department's 2014-15 season,
estimated duck harvest was 83, which is the lowest on record. The
species composition included mainly mallards, northern shovelor,
gadwall, American wigeon, and teal. The estimated harvest of geese was
7 birds.
The proposed regulations are essentially the same as were
established last year. The Tribe anticipates the maximum 2016-17
waterfowl harvest would be around 300 ducks and 30 geese.
We propose to approve the Tribe's requested 2016-17 hunting
seasons.
(g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters)
The Kalispel Reservation was established by Executive Order in
1914, and currently comprises approximately 4,600 acres. The Tribe owns
all Reservation land and has full management authority. The Kalispel
Tribe has a fully developed wildlife program with hunting and fishing
codes. The Tribe enjoys excellent wildlife management relations with
the State. The Tribe and the State have an operational memorandum of
understanding with an emphasis on fisheries but that also covers
wildlife.
The nontribal member seasons described below pertain to a 176-acre
waterfowl management unit and 800 acres of reservation land with a
guide for waterfowl hunting. The Tribe is utilizing this opportunity to
rehabilitate an area that needs protection because of past land-use
practices, as well as to provide additional waterfowl hunting in the
area. Beginning in 1996, the requested regulations also included a
proposal for Kalispel-member-only migratory bird hunting on Kalispel-
ceded lands within Washington, Montana, and Idaho.
For the 2016-17 migratory bird hunting seasons, the Kalispel Tribe
proposes tribal and nontribal member waterfowl seasons. The Tribe
requests that both duck and goose seasons open at the earliest possible
date and close on the latest date under Federal frameworks.
For nontribal hunters on Tribally-managed lands, the Tribe requests
the seasons open at the earliest possible date and remain open for the
maximum amount of open days. Specifically, the Tribe requests a season
for ducks on September 10-11, 2016, September 17-18, 2016, and between
October 3, 2016, and January 17, 2017. The total number of days would
not exceed 107. Hunters should obtain further information on specific
hunt days from the Kalispel Tribe.
For nontribal hunters on Tribally managed lands, the Tribe also
requests the season for geese run on September 10-11, 2016, September
17-18, 2016, and between October 3, 2016, and
[[Page 34232]]
January 17, 2017. The total number of days would not exceed 107.
Nontribal hunters should obtain further information on specific hunt
days from the Tribe. Daily bag and possession limits would be the same
as those for the State of Washington.
The Tribe reports past nontribal harvest of 1.5 ducks per day.
Under the proposal, the Tribe expects harvest to be similar to last
year, that is, fewer than 100 geese and 200 ducks.
All other State and Federal regulations contained in 50 CFR part
20, such as use of nontoxic shot and possession of a signed migratory
bird hunting and conservation stamp, would be required.
For tribal members on Kalispel-ceded lands, the Kalispel Tribe
proposes season dates for ducks of October 10, 2016, through January
31, 2017, and for geese of September 10, 2016, through January 31,
2017. Daily bag and possession limits would parallel those in the
Federal regulations contained in 50 CFR part 20.
The Tribe reports that there was no tribal harvest. Under the
proposal, the Tribe expects harvest to be fewer than 200 birds for the
season with fewer than 100 geese. Tribal members would be required to
possess a signed Federal migratory bird stamp and a tribal ceded-lands
permit.
We propose to approve the regulations requested by the Kalispel
Tribe, except for the early duck season dates proposed for nontribal
hunters. These mid-September dates do not conform to Federal flyway
frameworks for the Pacific Flyway which specify that waterfowl seasons
can begin September 24.
(h) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)
The Klamath Tribe currently has no reservation, per se. However,
the Klamath Tribe has reserved hunting, fishing, and gathering rights
within its former reservation boundary. This area of former
reservation, granted to the Klamaths by the Treaty of 1864, is over 1
million acres. Tribal natural-resource-management authority is derived
from the Treaty of 1864, and carried out cooperatively under the
judicially enforced Consent Decree of 1981. The parties to this Consent
Decree are the Federal Government, the State of Oregon, and the Klamath
Tribe. The Klamath Indian Game Commission sets the seasons. The tribal
biological staff and tribal regulatory-enforcement officers monitor
tribal harvest by frequent bag checks and hunter interviews.
For the 2016-17 season, we have not yet heard from the Tribe;
however, the Tribe usually requests proposed season dates of October 1,
2016, through January 31, 2017. Daily bag limits would be 9 for ducks,
9 for geese, and 9 for coot, with possession limits twice the daily bag
limit. Shooting hours would be one-half hour before sunrise to one-half
hour after sunset. Steel shot is required.
Based on the number of birds produced in the Klamath Basin, this
year's harvest would be similar to last year's. Information on tribal
harvest suggests that more than 70 percent of the annual goose harvest
is local birds produced in the Klamath Basin.
If we receive a proposal that matches the Tribe's usual request, we
propose to approve those 2016-17 special migratory bird hunting
regulations.
(i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only)
The Leech Lake Band of Ojibwe is a federally recognized Tribe
located in Cass Lake, Minnesota. The reservation employs conservation
officers to enforce conservation regulations. The Service and the Tribe
have cooperatively established migratory bird hunting regulations since
2000.
For the 2016-17 season, the Tribe requests a duck season starting
on September 17 and ending December 31, 2016, and a goose season to run
from September 1 through December 31, 2016. Daily bag limits for ducks
would be 10, including no more than 5 pintail, 5 canvasback, and 5
black ducks. Daily bag limits for geese would be 10. Possession limits
would be twice the daily bag limit. Shooting hours are one-half hour
before sunrise to one-half hour after sunset.
The annual harvest by tribal members on the Leech Lake Reservation
is estimated at 250 to 500 birds.
We propose to approve the Leech Lake Band of Ojibwe's requested
2016-17 special migratory bird hunting season.
(j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only)
The Little River Band of Ottawa Indians is a self-governing,
federally recognized Tribe located in Manistee, Michigan, and a
signatory Tribe of the Treaty of 1836. We have approved special
regulations for tribal members of the 1836 treaty's signatory Tribes on
ceded lands in Michigan since the 1986-87 hunting season. Ceded lands
are located in Lake, Mason, Manistee, and Wexford Counties. The Band
proposes regulations to govern the hunting of migratory birds by Tribal
members within the 1836 Ceded Territory as well as on the Band's
Reservation.
For the 2016-17 season, the Little River Band of Ottawa Indians
proposes a duck and merganser season from September 9, 2016, through
January 22, 2017. A daily bag limit of 12 ducks would include no more
than 2 pintail, 2 canvasback, 3 black ducks, 3 wood ducks, 3 redheads,
6 mallards (only 2 of which may be a hen), and 1 hooded merganser.
Possession limits would be twice the daily bag limit.
For white-fronted geese, snow geese, and brant, the Tribe proposes
a September 7 through December 4, 2016, season. Daily bag limits would
be five geese.
For Canada geese only, the Tribe proposes a September 1, 2016,
through February 5, 2017, season with a daily bag limit of five. The
possession limit would be twice the daily bag limit.
For snipe, woodcock, rails, and mourning doves, the Tribe proposes
a September 1 to November 13, 2016, season. The daily bag limit would
be 10 snipe, 5 woodcock, 10 rails, and 10 mourning doves. Possession
limits for all species would be twice the daily bag limit.
The Tribe monitors harvest through mail surveys. General conditions
are as follows:
A. All tribal members will be required to obtain a valid tribal
resource card and 2016-17 hunting license.
B. Except as modified by the Service rules adopted in response to
this proposal, these amended regulations parallel all Federal
regulations contained in 50 CFR part 20. Shooting hours will be from
one-half hour before sunrise to sunset.
C. Particular regulations of note include:
(1) Nontoxic shot will be required for all waterfowl hunting by
tribal members.
(2) Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
D. Tribal members hunting in Michigan will comply with tribal codes
that contain provisions parallel to Michigan law regarding duck blinds
and decoys.
We plan to approve Little River Band of Ottawa Indians' 2016-17
special migratory bird hunting seasons.
[[Page 34233]]
(k) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan
(Tribal Members Only)
The Little Traverse Bay Bands of Odawa Indians (LTBB) is a self-
governing, federally recognized Tribe located in Petoskey, Michigan,
and a signatory Tribe of the Treaty of 1836. We have approved special
regulations for tribal members of the 1836 treaty's signatory Tribes on
ceded lands in Michigan since the 1986-87 hunting season.
For the 2016-17 season, the Little Traverse Bay Bands of Odawa
Indians propose regulations similar to those of other Tribes in the
1836 treaty area. LTBB proposes the regulations to govern the hunting
of migratory birds by tribal members on the LTBB reservation and within
the 1836 Treaty Ceded Territory. The tribal member duck and merganser
season would run from September 1, 2016, through January 31, 2017. A
daily bag limit of 20 ducks and 10 mergansers would include no more
than 5 hen mallards, 5 pintail, 5 canvasback, 5 scaup, 5 hooded
merganser, 5 black ducks, 5 wood ducks, and 5 redheads.
For Canada geese, the LTBB proposes a September 1, 2016, through
February 8, 2017, season. The daily bag limit for Canada geese would be
20 birds. We further note that, based on available data (of major goose
migration routes), it is unlikely that any Canada geese from the
Southern James Bay Population would be harvested by the LTBB.
Possession limits are twice the daily bag limit.
For woodcock, the LTBB proposes a September 1 to December 1, 2016,
season. The daily bag limit will not exceed 10 birds. For snipe, the
LTBB proposes a September 1 to December 31, 2016, season. The daily bag
limit will not exceed 16 birds. For mourning doves, the LTBB proposes a
September 1 to November 14, 2016, season. The daily bag limit will not
exceed 15 birds. For Virginia and sora rails, the LTBB proposes a
September 1 to December 31, 2016, season. The daily bag limit will not
exceed 20 birds per species. For coots and gallinules, the LTBB
proposes a September 15 to December 31, 2016, season. The daily bag
limit will not exceed 20 birds per species. The possession limit will
not exceed 2 days' bag limit for all birds.
The LTBB also proposes a sandhill crane season to begin September 1
and end December 1, 2016. The daily bag limit will not exceed one bird.
The possession limit will not exceed two times the bag limit.
All other Federal regulations contained in 50 CFR part 20 would
apply.
Harvest surveys from 2014-15 hunting season indicated that
approximately 10 hunters harvested 10 different waterfowl species
totaling 69 birds. No sandhill cranes were reported harvested during
the 2014-15 season. The LTBB proposes to monitor harvest closely
through game bag checks, patrols, and mail surveys. In particular, the
LTBB proposes monitoring the harvest of Southern James Bay Canada geese
and sandhill cranes to assess any impacts of tribal hunting on the
population.
We propose to approve the Little Traverse Bay Bands of Odawa
Indians' requested 2016-17 special migratory bird hunting regulations.
(l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters)
The Lower Brule Sioux Tribe first established tribal migratory bird
hunting regulations for the Lower Brule Reservation in 1994. The Lower
Brule Reservation is about 214,000 acres in size and is located on and
adjacent to the Missouri River, south of Pierre. Land ownership on the
reservation is mixed, and until recently, the Lower Brule Tribe had
full management authority over fish and wildlife via a memorandum of
agreement (MOA) with the State of South Dakota. The MOA provided the
Tribe jurisdiction over fish and wildlife on reservation lands,
including deeded and U.S. Army Corps of Engineers-taken lands. For the
2016-17 season, the two parties have come to an agreement that provides
the public a clear understanding of the Lower Brule Sioux Wildlife
Department license requirements and hunting season regulations. The
Lower Brule Reservation waterfowl season is open to tribal and
nontribal hunters.
For the 2016-17 migratory bird hunting season, the Lower Brule
Sioux Tribe proposes a nontribal-member duck, merganser, and coot
season length of 97 days, or the maximum number of days allowed by
Federal frameworks in the High Plains Management Unit for this season.
The Tribe proposes a duck season from October 8, 2016, through January
12, 2017. The daily bag limit would be six birds or the maximum number
that Federal regulations allow, including no more than two hen mallard
and five mallards total, two pintail, two redhead, two canvasback,
three wood duck, three scaup, and one mottled duck. The daily bag limit
for mergansers would be five, only two of which could be a hooded
merganser. The daily bag limit for coots would be 15. Possession limits
would be three times the daily bag limits.
The Tribe's proposed nontribal-member Canada goose season would run
from October 29, 2016, through February 12, 2017 (107-day season
length), with a daily bag limit of six Canada geese. The Tribe's
proposed nontribal-member white-fronted goose season would run from
October 29, 2016, through January 24, 2017, with a daily bag and
possession limits concurrent with Federal regulations. The Tribe's
proposed nontribal-member light goose season would run from October 29,
2016, through February 12, 2017, and February 13 through May 1, 2017.
The light goose daily bag limit would be 20 or the maximum number that
Federal regulations allow with no possession limits.
For tribal members, the Lower Brule Sioux Tribe proposes a duck,
merganser, and coot season from September 1, 2016, through March 10,
2017. The daily bag limit would be six ducks, including no more than
two hen mallard and five mallards total, two pintail, two redheads, two
canvasback, three wood ducks, three scaup, two bonus teal during the
first 16 days of the season, and one mottled duck or the maximum number
that Federal regulations allow. The daily bag limit for mergansers
would be five, only two of which could be hooded mergansers. The daily
bag limit for coots would be 15. Possession limits would be three times
the daily bag limits.
The Tribe's proposed Canada goose season for tribal members would
run from September 1, 2016, through March 10, 2017, with a daily bag
limit of six Canada geese. The Tribe's proposed white-fronted goose
tribal season would run from September 1, 2016, through March 10, 2017,
with a daily bag limit of two white-fronted geese or the maximum number
that Federal regulations allow. The Tribe's proposed light goose tribal
season would run from September 1, 2016, through March 10, 2017. The
light goose daily bag limit would be 20 or the maximum number that
Federal regulations allow, with no possession limits.
In the 2013-14 season, non-tribal members harvested 641 geese and
1,616 ducks. In the 2013-14 season, duck harvest species composition
was primarily mallard (67 percent), gadwall (5 percent), green-winged
teal (7 percent), and wigeon (5 percent).
The Tribe anticipates a duck and goose harvest similar to those of
the previous years. All basic Federal regulations contained in 50 CFR
part 20, including the use of nontoxic shot,
[[Page 34234]]
Migratory Bird Hunting and Conservation Stamps, etc., would be observed
by the Tribe's proposed regulations. In addition, the Lower Brule Sioux
Tribe has an official Conservation Code that was established by Tribal
Council Resolution in June 1982 and updated in 1996.
We plan to approve the Tribe's requested regulations for the Lower
Brule Reservation if the seasons' dates fall within final Federal
flyway frameworks (applies to nontribal hunters only).
(m) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal Members
Only)
Since 1996, the Service and the Point No Point Treaty Tribes, of
which Lower Elwha Klallam was one, have cooperated to establish special
regulations for migratory bird hunting. The Tribes are now acting
independently, and the Lower Elwha Klallam Tribe has in recent years
established migratory bird hunting regulations for tribal members. The
Tribe has a reservation on the Olympic Peninsula in Washington State
and is a successor to the signatories of the Treaty of Point No Point
of 1855.
For the 2016-17 season, we have yet to hear from the Lower Elwha
Klallam Tribe. The Tribe usually requests special migratory bird
hunting regulations for ducks (including mergansers), geese, coots,
band-tailed pigeons, snipe, and mourning doves. The Lower Elwha Klallam
Tribe usually requests a duck and coot season from September 13, 2016,
to January 4, 2017. The daily bag limit will be seven ducks, including
no more than two hen mallards, one pintail, one canvasback, and two
redheads. The daily bag and possession limit on harlequin duck will be
one per season. The coot daily bag limit will be 25. The possession
limit will be twice the daily bag limit, except as noted above.
For geese, the Tribe usually requests a season from September 13,
2016, to January 4, 2017. The daily bag limit will be four, including
no more than three light geese. The season on Aleutian Canada geese
will be closed.
For brant, the Tribe usually proposes to close the season.
For mourning doves, band-tailed pigeon, and snipe, the Tribe
usually requests a season from September 1, 2016, to January 11, 2017,
with a daily bag limit of 10, 2, and 8, respectively. The possession
limit will be twice the daily bag limit.
All Tribal hunters authorized to hunt migratory birds are required
to obtain a tribal hunting permit from the Lower Elwha Klallam Tribe
pursuant to tribal law. Hunting hours would be from one-half hour
before sunrise to sunset. Only steel, tungsten-iron, tungsten-polymer,
tungsten-matrix, and tin shot are allowed for hunting waterfowl. It is
unlawful to use or possess lead shot while hunting waterfowl.
The Tribe typically anticipates harvest to be fewer than 10 birds.
Tribal reservation police and Tribal fisheries enforcement officers
have the authority to enforce these migratory bird hunting regulations.
The Service proposes to approve the special migratory bird hunting
regulations for the Lower Elwha Klallam Tribe upon receipt of their
proposal.
(n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members Only)
The Makah Indian Tribe and the Service have been cooperating to
establish special regulations for migratory game birds on the Makah
Reservation and traditional hunting land off the Makah Reservation
since the 2001-02 hunting season. Lands off the Makah Reservation are
those contained within the boundaries of the State of Washington Game
Management Units 601-603.
The Makah Indian Tribe proposes a duck and coot hunting season from
September 24, 2016, to January 29, 2017. The daily bag limit is seven
ducks, including no more than five mallards (only two hen mallard), one
canvasback, one pintail, three scaup, and one redhead. The daily bag
limit for coots is 25. The Tribe has a year-round closure on wood ducks
and harlequin ducks. Shooting hours for all species of waterfowl are
one-half hour before sunrise to sunset.
For geese, the Tribe proposes that the season open on September 24,
2016, and close January 29, 2017. The daily bag limit for geese is four
and one brant. The Tribe notes that there is a year-round closure on
Aleutian and dusky Canada geese.
For band-tailed pigeons, the Tribe proposes that the season open
September 17, 2016, and close October 23, 2016. The daily bag limit for
band-tailed pigeons is two.
The Tribe anticipates that harvest under this regulation will be
relatively low since there are no known dedicated waterfowl hunters and
any harvest of waterfowl or band-tailed pigeons is usually incidental
to hunting for other species, such as deer, elk, and bear. The Tribe
expects fewer than 50 ducks and 10 geese to be harvested during the
2016-17 migratory bird hunting season.
All other Federal regulations contained in 50 CFR part 20 would
apply. The following restrictions are also usually proposed by the
Tribe:
(1) As per Makah Ordinance 44, only shotguns may be used to hunt
any species of waterfowl. Additionally, shotguns must not be discharged
within 0.25 miles of an occupied area.
(2) Hunters must be eligible, enrolled Makah tribal members and
must carry their Indian Treaty Fishing and Hunting Identification Card
while hunting. No tags or permits are required to hunt waterfowl.
(3) The Cape Flattery area is open to waterfowl hunting, except in
designated wilderness areas, or within 1 mile of Cape Flattery Trail,
or in any area that is closed to hunting by another ordinance or
regulation.
(4) The use of live decoys and/or baiting to pursue any species of
waterfowl is prohibited.
(5) Steel or bismuth shot only for waterfowl is allowed; the use of
lead shot is prohibited.
(6) The use of dogs is permitted to hunt waterfowl.
The Service proposes to approve the Makah Indian Tribe's requested
2016-17 special migratory bird hunting regulations.
(o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
(Tribal Members and Nontribal Hunters)
Since 1985, we have established uniform migratory bird hunting
regulations for tribal members and nonmembers on the Navajo Indian
Reservation (in parts of Arizona, New Mexico, and Utah). The Navajo
Nation owns almost all lands on the reservation and has full wildlife-
management authority.
For the 2016-17 season, the Tribe requests the earliest opening
dates and longest duck, mergansers, Canada geese, and coots seasons,
and the same daily bag and possession limits allowed to Pacific Flyway
States under final Federal frameworks for tribal and non-tribal
members.
For both mourning dove and band-tailed pigeons, the Navajo Nation
proposes seasons of September 1 through September 30, 2016, with daily
bag limits of 10 and 5, respectively. Possession limits would be twice
the daily bag limits.
The Nation requires tribal members and nonmembers to comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20
pertaining to shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp), which
must be signed in ink
[[Page 34235]]
across the face. Special regulations established by the Navajo Nation
also apply on the reservation.
The Tribe anticipates a total harvest of fewer than 500 mourning
doves; fewer than 10 band-tailed pigeons; fewer than 1,000 ducks,
coots, and mergansers; and fewer than 1,000 Canada geese for the 2016-
17 season. The Tribe measures harvest by mail survey forms. Through the
established Navajo Nation Code, titles 17 and 18, and 23 U.S.C. 1165,
the Tribe will take action to close the season, reduce bag limits, or
take other appropriate actions if the harvest is detrimental to the
migratory bird resource.
We propose to approve those the Navajo Nation's 2016-17 special
migratory bird hunting regulations.
(p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members Only)
Since 1991-92, the Oneida Tribe of Indians of Wisconsin and the
Service have cooperated to establish uniform regulations for migratory
bird hunting by tribal and nontribal hunters within the original Oneida
Reservation boundaries. Since 1985, the Oneida Tribe's Conservation
Department has enforced the Tribe's hunting regulations within those
original reservation limits. The Oneida Tribe also has a good working
relationship with the State of Wisconsin and the majority of the
seasons and limits are the same for the Tribe and Wisconsin.
For the 2016-17 season, the Tribe submitted a proposal requesting
special migratory bird hunting regulations. For ducks, the Tribe
proposal describes the general outside dates as being September 17
through December 4, 2016. The Tribe proposes a daily bag limit of six
birds, which could include no more than six mallards (three hen
mallards), six wood ducks, one redhead, two pintails, and one hooded
merganser.
For geese, the Tribe requests a season between September 1 and
December 31, 2016, with a daily bag limit of five Canada geese. If a
quota of 500 geese is attained before the season concludes, the Tribe
will recommend closing the season early.
For woodcock, the Tribe proposes a season between September 3 and
November 6, 2016, with a daily bag and possession limit of two and
four, respectively.
For mourning dove, the Tribe proposes a season between September 3
and November 6, 2016, with a daily bag and possession limit of 10 and
20, respectively.
The Tribe proposes shooting hours be one-half hour before sunrise
to one-half hour after sunset. Nontribal hunters hunting on the
Reservation or on lands under the jurisdiction of the Tribe must comply
with all State of Wisconsin regulations, including shooting hours of
one-half hour before sunrise to sunset, season dates, and daily bag
limits. Tribal members and nontribal hunters hunting on the Reservation
or on lands under the jurisdiction of the Tribe must observe all basic
Federal migratory bird hunting regulations found in 50 CFR part 20,
with the following exceptions: Oneida members would be exempt from the
purchase of the Migratory Bird Hunting and Conservation Stamp (Duck
Stamp); and shotgun capacity is not limited to three shells.
The Service proposes to approve the 2016-17 special migratory bird
hunting regulations for the Oneida Tribe of Indians of Wisconsin.
(q) Point No Point Treaty Council Tribes, Kingston, Washington (Tribal
Members Only)
We are establishing uniform migratory bird hunting regulations for
tribal members on behalf of the Point No Point Treaty Council Tribes,
consisting of the Port Gamble S'Klallam and Jamestown S'Klallam Tribes.
The two tribes have reservations and ceded areas in northwestern
Washington State and are the successors to the signatories of the
Treaty of Point No Point of 1855. These proposed regulations will apply
to tribal members both on and off reservations within the Point No
Point Treaty Areas; however, the Port Gamble S'Klallam and Jamestown
S'Klallam Tribal season dates differ only where indicated below.
For the 2016-17 season, the Point No Point Treaty Council requests
special migratory bird hunting regulations for both the Jamestown
S'Klallam and Port Gamble S'Klallam Tribes. For ducks, the Jamestown
S'Klallam Tribe season would open September 1, 2016, and close March
10, 2017, and coots would open September 13, 2016, and close February
1, 2017. The Port Gamble S'Klallam Tribes duck and coot seasons would
open from September 1, 2016, to March 10, 2017. The daily bag limit
would be seven ducks, including no more than two hen mallards, one
canvasback, one pintail, two redhead, and four scoters. The daily bag
limit for coots would be 25. The daily bag limit and possession limit
on harlequin ducks would be one per season. The daily possession limits
are double the daily bag limits except where noted.
For geese, the Point No Point Treaty Council proposes the season
open on September 9, 2016, and close March 10, 2017, for the Jamestown
S'Klallam Tribe, and open on September 1, 2016, and close March 10,
2017, for the Port Gamble S'Klallam Tribe. The daily bag limit for
geese would be four, not to include more than three light geese. The
Council notes that there is a year-round closure on dusky Canada geese.
For brant, the Council proposes the season open on November 9, 2016,
and close January 31, 2017, for the Port Gamble S'Klallam Tribe, and
open on January 10 and close January 25, 2017, for the Jamestown
S'Klallam Tribe. The daily bag limit for brant would be two.
For band-tailed pigeons, the Port Gamble S'Klallam Tribe season
would open September 1, 2016, and close March 10, 2017. The Jamestown
S'Klallam Tribe season would open September 13, 2016, and close January
18, 2017. The daily bag limit for band-tailed pigeons would be two. For
snipe, the Port Gamble S'Klallam Tribe season would open September 1,
2016, and close March 10, 2017. The Jamestown S'Klallam Tribe season
would open September 13, 2016, and close March 10, 2017. The daily bag
limit for snipe would be eight. For mourning dove, the Port Gamble
S'Klallam Tribe season would open September 1, 2016, and close January
31, 2017. The Jamestown S'Klallam Tribe would open September 13, 2016,
and close January 18, 2017. The daily bag limit for mourning dove would
be 10.
The Tribe anticipates a total harvest of fewer than 200 birds for
the 2016-17 season. The tribal fish and wildlife enforcement officers
have the authority to enforce these tribal regulations.
We propose to approve the Point No Point Treaty Council Tribe's
requested 2016-17 special migratory bird seasons.
(r) Saginaw Tribe of Chippewa Indians, Mt. Pleasant, Michigan (Tribal
Members Only)
The Saginaw Tribe of Chippewa Indians is a federally recognized,
self-governing Indian Tribe, located on the Isabella Reservation lands
bound by Saginaw Bay in Isabella and Arenac Counties, Michigan.
In a November 25, 2015, letter, the Tribe proposes special
migratory bird hunting regulations. For ducks, mergansers, and snipe,
the Tribe proposes outside dates as September 1, 2016, through January
31, 2017. The Tribe proposes a daily bag limit of 20 ducks, which could
include no more than five each of the following: Hen mallards; wood
duck; black duck; pintail; red head; scaup; and canvasback. The
merganser daily bag limit is 10 with no more than 5 hooded
[[Page 34236]]
mergansers; the daily bag limit for snipe is 16.
For geese, coot, gallinule, sora, and Virginia rail, the Tribe
requests a season from September 1, 2016, to January 31, 2017. The
daily bag limit for geese is 20, in the aggregate. The daily bag limit
for coot, gallinule, sora, and Virginia rail is 20, in the aggregate.
For woodcock and mourning dove, the Tribe proposes a season between
September 1, 2016, and January 31, 2017, with daily bag limits of 10
and 25, respectively.
For sandhill crane, the Tribe proposes a season between September
1, 2016, and January 31, 2017, with a daily bag limit of one.
All Saginaw Tribe members exercising hunting treaty rights are
required to comply with Tribal Ordinance 11. Hunting hours would be
from one-half hour before sunrise to one-half hour after sunset. All
other regulations in 50 CFR part 20 apply, including the use of only
nontoxic shot for hunting waterfowl.
The Service proposes to approve the request for 2016-17 special
migratory bird hunting regulations for the Saginaw Tribe of Chippewa
Indians.
(s) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie,
Michigan (Tribal Members Only)
The Sault Ste. Marie Tribe of Chippewa Indians is a federally
recognized, self-governing Indian Tribe, distributed throughout the
eastern Upper Peninsula and northern Lower Peninsula of Michigan. The
Tribe has retained the right to hunt, fish, trap, and gather on the
lands ceded in the Treaty of Washington (1836).
The Tribe proposes special migratory bird hunting regulations. For
ducks, mergansers, and snipe, the Tribe proposes outside dates as
September 15 through December 31, 2016. The Tribe proposes a daily bag
limit of 20 ducks, which could include no more than 10 mallards (5 hen
mallards), 5 wood duck, 5 black duck, and 5 canvasbacks. The merganser
daily bag limit is 10 in the aggregate; the daily bag limit for snipe
is 16.
For geese, teal, coot, gallinule, sora, and Virginia rail, the
Tribe requests a season from September 1 to December 31, 2016. The
daily bag limit for geese is 20, in the aggregate. The daily bag limit
for coot, teal, gallinule, sora, and Virginia rail is 20, in the
aggregate.
For woodcock, the Tribe proposes a season between September 2 and
December 1, 2016, with a daily bag and possession limit of 10 and 20,
respectively.
For mourning dove, the Tribe proposes a season between September 1
and November 14, 2016, with a daily bag and possession limit of 10 and
20, respectively.
In 2014, the total estimated waterfowl hunters were 266. All Sault
Ste. Marie Tribe members exercising hunting treaty rights within the
1836 Ceded Territory are required to submit annual harvest reports
including date of harvest, number and species harvested, and location
of harvest. Hunting hours would be from one-half hour before sunrise to
one-half hour after sunset. All other regulations in 50 CFR part 20,
apply including the use of only nontoxic shot for hunting waterfowl.
The Service proposes to approve the request for 2016-17 special
migratory bird hunting regulations for the Sault Ste. Marie Tribe of
Chippewa Indians.
(t) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall,
Idaho (Nontribal Hunters)
Almost all of the Fort Hall Indian Reservation is tribally owned.
The Tribes claim full wildlife-management authority throughout the
reservation, but the Idaho Fish and Game Department has disputed tribal
jurisdiction, especially for hunting by nontribal members on
reservation lands owned by non-Indians. As a compromise, since 1985, we
have established the same waterfowl hunting regulations on the
reservation and in a surrounding off-reservation State zone. The
regulations were requested by the Tribes and provided for different
season dates than in the remainder of the State. We agreed to the
season dates because they would provide additional protection to
mallards and pintails. The State of Idaho concurred with the zoning
arrangement. We have no objection to the State's use of this zone again
in the 2016-17 hunting season, provided the duck and goose hunting
season dates are the same as on the reservation.
In a proposal for the 2016-17 hunting season, the Shoshone-Bannock
Tribes request a continuous duck (including mergansers and coots)
season, with the maximum number of days and the same daily bag and
possession limits permitted for Pacific Flyway States under the final
Federal frameworks. The Tribes propose a duck and coot season with, if
the same number of hunting days is permitted as last year, an opening
date of October 8, 2016, and a closing date of January 20, 2017. The
Tribes anticipate harvest will be about 7,000 ducks.
The Tribes also request a continuous goose season with the maximum
number of days and the same daily bag and possession limits permitted
in Idaho under Federal frameworks. The Tribes propose that, if the same
number of hunting days is permitted as in previous years, the season
would have an opening date of October 8, 2016, and a closing date of
January 20, 2017. The Tribes anticipate harvest will be about 5,000
geese.
The Tribes request a snipe season with the maximum number of days
and the same daily bag and possession limits permitted in Idaho under
Federal frameworks. The Tribes propose that, if the same number of
hunting days is permitted as in previous years, the season would have
an opening date of October 8, 2016, and a closing date of January 20,
2017.
Nontribal hunters must comply with all basic Federal migratory bird
hunting regulations in 50 CFR part 20 pertaining to shooting hours, use
of steel shot, and manner of taking. Special regulations established by
the Shoshone-Bannock Tribes also apply on the reservation.
We note that the requested regulations are nearly identical to
those of last year, and we propose to approve them for the 2016-17
hunting season if the seasons' dates fall within the final Federal
flyway frameworks (applies to nontribal hunters only).
(u) Skokomish Tribe, Shelton, Washington (Tribal Members Only)
Since 1996, the Service and the Point No Point Treaty Tribes, of
which the Skokomish Tribe was one, have cooperated to establish special
regulations for migratory bird hunting. The Tribes have been acting
independently since 2005. The Skokomish Tribe has yet to send in a
proposal to establish migratory bird hunting regulations for tribal
members for the 2016-17 season. The Tribe has a reservation on the
Olympic Peninsula in Washington State and is a successor to the
signatories of the Treaty of Point No Point of 1855.
The Skokomish Tribe usually requests a duck and coot season from
September 16, 2016, to February 28, 2017. The daily bag limit is seven
ducks, including no more than two hen mallards, one pintail, one
canvasback, and two redheads. The daily bag and possession limit on
harlequin duck is one per season. The coot daily bag limit is 25. The
possession limit is twice the daily bag limit, except as noted above.
For geese, the Tribe usually requests a season from September 16,
2016, to February 28, 2017. The daily bag limit is four, including no
more than three light geese. The season on Aleutian Canada geese is
closed. For brant, the
[[Page 34237]]
Tribe usually proposes a season from November 1, 2016, to February 15,
2017, with a daily bag limit of two. The possession limit is twice the
daily bag limit.
For mourning doves, band-tailed pigeon, and snipe, the Tribe
usually requests a season from September 16, 2016, to February 28,
2017, with a daily bag limit of 10, 2, and 8, respectively. The
possession limit is twice the daily bag limit.
All Tribal hunters authorized to hunt migratory birds are required
to obtain a tribal hunting permit from the Skokomish Tribe pursuant to
tribal law. Hunting hours would be from one-half hour before sunrise to
sunset. Only steel, tungsten-iron, tungsten-polymer, tungsten-matrix,
and tin shot are allowed for hunting waterfowl. It is unlawful to use
or possess lead shot while hunting waterfowl.
The Tribe usually anticipates harvest to be fewer than 150 birds.
The Skokomish Public Safety Office enforcement officers have the
authority to enforce these migratory bird hunting regulations.
We propose to approve the Skokomish Tribe's 2016-17 migratory bird
hunting season upon receipt of their proposal.
(v) Spokane Tribe of Indians, Spokane Indian Reservation, Wellpinit,
Washington (Tribal Members Only)
The Spokane Tribe of Indians wishes to establish waterfowl seasons
on their reservation for its membership to access as an additional
resource. An established waterfowl season on the reservation will allow
access to a resource for members to continue practicing a subsistence
lifestyle.
The Spokane Indian Reservation is located in northeastern
Washington State. The reservation comprises approximately 157,000
acres. The boundaries of the Reservation are the Columbia River to the
west, the Spokane River to the south (now Lake Roosevelt), Tshimikn
Creek to the east, and the 48th Parallel as the north boundary. Tribal
membership comprises approximately 2,300 enrolled Spokane Tribal
Members.
These proposed regulations would allow Tribal Members, spouses of
Spokane Tribal Members, and first-generation descendants of a Spokane
Tribal Member with a tribal permit and Federal Migratory Bird Hunting
and Conservation Stamp an opportunity to utilize the reservation and
ceded lands for waterfowl hunting. These regulations would also benefit
tribal membership through access to this resource throughout Spokane
Tribal ceded lands in eastern Washington. By Spokane Tribal Referendum,
spouses of Spokane Tribal Members and children of Spokane Tribal
Members not enrolled are allowed to harvest game animals within the
Spokane Indian Reservation with the issuance of hunting permits.
For the 2016-17 season, the Tribe requests to establish duck
seasons that would run from September 2, 2016, through January 31,
2017. The tribe is requesting the daily bag limit for ducks to be
consistent with final Federal frameworks. The possession limit is twice
the daily bag limit.
The Tribe proposes a season on geese starting September 2, 2016,
and ending on January 31, 2017. The tribe is requesting the daily bag
limit for geese to be consistent with final Federal frameworks. The
possession limit is twice the daily bag limit.
Based on the quantity of requests the Spokane Tribe of Indians has
received, the tribe anticipates harvest levels for the 2016-17 season
for both ducks and geese to be fewer than 100 total birds with goose
harvest at fewer than 50. Hunter success will be monitored through
mandatory harvest reports returned within 30 days of the season
closure.
We propose to approve the Spokane Tribe's requested 2016-17 special
migratory bird hunting regulations.
(w) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,
Washington (Tribal Members Only)
The Squaxin Island Tribe of Washington and the Service have
cooperated since 1995, to establish special tribal migratory bird
hunting regulations. These special regulations apply to tribal members
on the Squaxin Island Reservation, located in western Washington near
Olympia, and all lands within the traditional hunting grounds of the
Squaxin Island Tribe.
For the 2016-17 season, we have yet to hear from the Squaxin Island
Tribe. The Tribe usually requests to establish duck and coot seasons
that would run from September 1, 2016, through January 15, 2017. The
daily bag limit for ducks would be five per day and could include only
one canvasback. The season on harlequin ducks is closed. For coots, the
daily bag limit is 25. For snipe, the Tribe usually proposes that the
season start on September 15, 2016, and end on January 15, 2017. The
daily bag limit for snipe would be eight. For band-tailed pigeon, the
Tribe usually proposes that the season start on September 1, 2016, and
end on December 31, 2016. The daily bag limit would be five. The
possession limit would be twice the daily bag limit.
The Tribe usually proposes a season on geese starting September 15,
2016, and ending on January 15, 2017. The daily bag limit for geese
would be four, including no more than two snow geese. The season on
Aleutian and cackling Canada geese would be closed. For brant, the
Tribe usually proposes that the season start on September 1 and end on
December 31, 2016. The daily bag limit for brant would be two. The
possession limit would be twice the daily bag limit.
We propose to approve the Tribe's 2016-17 special migratory bird
hunting regulations, upon receipt of their proposal.
(x) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal
Members Only)
The Stillaguamish Tribe of Indians and the Service have cooperated
to establish special regulations for migratory game birds since 2001.
For the 2016-17 season, the Tribe requests regulations to hunt all open
and unclaimed lands under the Treaty of Point Elliott of January 22,
1855, including their main hunting grounds around Camano Island, Skagit
Flats, and Port Susan to the border of the Tulalip Tribes Reservation.
Ceded lands are located in Whatcom, Skagit, Snohomish, and Kings
Counties, and a portion of Pierce County, Washington. The Stillaguamish
Tribe of Indians is a federally recognized Tribe and reserves the
Treaty Right to hunt (U.S. v. Washington).
The Tribe proposes their duck (including mergansers and coot) and
goose seasons run from October 1, 2016, to March 10, 2017. The daily
bag limit on ducks (including sea ducks and mergansers) is 10. The
daily bag limit for coot is 25. For geese, the daily bag limit is six.
The season on brant is closed. Possession limits are totals of these
three daily bag limits.
The Tribe proposes the snipe seasons run from October 1, 2016, to
January 31, 2017. The daily bag limit for snipe is 10. Possession
limits are three times the daily bag limit.
Harvest is regulated by a punch-card system. Tribal members hunting
on lands under this proposal will observe all basic Federal migratory
bird hunting regulations found in 50 CFR part 20, which will be
enforced by the Stillaguamish Tribal law enforcement. Tribal members
are required to use steel shot or a nontoxic shot as required by
Federal regulations.
The Tribe anticipates a total harvest of 200 ducks, 100 geese, 50
mergansers, 100 coots, and 100 snipe. Anticipated harvest needs include
subsistence and
[[Page 34238]]
ceremonial needs. Certain species may be closed to hunting for
conservation purposes, and consideration for the needs of certain
species will be addressed.
The Service proposes to approve the Stillaguamish Tribe's request
for 2016-17 special migratory bird hunting regulations.
(y) Swinomish Indian Tribal Community, LaConner, Washington (Tribal
Members Only)
In 1996, the Service and the Swinomish Indian Tribal Community
began cooperating to establish special regulations for migratory bird
hunting. The Swinomish Indian Tribal Community is a federally
recognized Indian Tribe consisting of the Swinomish, Lower Skagit,
Samish, and Kikialous. The Swinomish Reservation was established by the
Treaty of Point Elliott of January 22, 1855, and lies in the Puget
Sound area north of Seattle, Washington.
For the 2016-17 season, the Tribal Community requests to establish
a migratory bird hunting season on all areas that are open and
unclaimed and consistent with the meaning of the treaty. The Tribe
proposes their duck (including mergansers and coot) and goose seasons
run from September 1, 2016, to March 9, 2017. The daily bag limit on
ducks is 20. The daily bag limit for coot is 25. For geese, the daily
bag limit is 10. The season on brant runs from September 1, 2016, to
March 9, 2017. The daily bag limit is 5.
The Tribe proposes the snipe season run from September 1, 2016, to
March 9, 2017. The daily bag limit for snipe is 15. The Tribe proposes
the mourning dove season run from September 1, 2016, to March 9, 2017.
The daily bag limit for mourning dove is 15. The Tribe proposes the
band-tailed pigeon season run from September 1, 2016, to March 9, 2017.
The daily bag limit for band-tailed pigeon is 3. The Swinomish Indian
Tribal Community requests to have no possession limits.
The Community usually anticipates that the regulations will result
in the harvest of approximately 600 ducks and 200 geese. The Swinomish
utilize a report card and permit system to monitor harvest and will
implement steps to limit harvest where conservation is needed. All
tribal regulations will be enforced by tribal fish and game officers.
We propose to approve these 2016-17 special migratory bird hunting
regulations.
(z) The Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members Only)
The Tulalip Tribes are the successors in interest to the Tribes and
bands signatory to the Treaty of Point Elliott of January 22, 1855. The
Tulalip Tribes' government is located on the Tulalip Indian Reservation
just north of the City of Everett in Snohomish County, Washington. The
Tribes or individual tribal members own all of the land on the
reservation, and they have full wildlife-management authority. All
lands within the boundaries of the Tulalip Tribes Reservation are
closed to nonmember hunting unless opened by Tulalip Tribal
regulations.
We have yet to hear from the Tulalip Tribe regarding their 2016-17
season proposal. Migratory waterfowl hunting by Tulalip Tribal members
is authorized by Tulalip Tribal Ordinance No. 67. For ducks,
mergansers, coot, and snipe, the Tribe usually proposes seasons for
tribal members from September 3, 2016, through February 28, 2017. Daily
bag and possession limits would be 7 and 14 ducks, respectively, except
that for blue-winged teal, canvasback, harlequin, pintail, and wood
duck, the bag and possession limits would be the same as those
established in accordance with final Federal frameworks. For coot,
daily bag and possession limits are 25 and 50, respectively, and for
snipe 8 and 16, respectively. Ceremonial hunting may be authorized by
the Department of Natural Resources at any time upon application of a
qualified tribal member. Such a hunt must have a bag limit designed to
limit harvest only to those birds necessary to provide for the
ceremony.
For geese, tribal members usually propose a season from September
3, 2016, through February 28, 2017. The goose daily bag and possession
limits would be 7 and 14, respectively, except that the bag limits for
brant, cackling Canada geese, and dusky Canada geese would be those
established in accordance with final Federal frameworks.
All hunters on Tulalip Tribal lands are required to adhere to
shooting-hour regulations set at one-half hour before sunrise to
sunset, special tribal permit requirements, and a number of other
tribal regulations enforced by the Tribe. Each nontribal hunter 16
years of age and older hunting pursuant to Tulalip Tribes' Ordinance
No. 67 must possess a valid Federal Migratory Bird Hunting and
Conservation Stamp and a valid State of Washington Migratory Waterfowl
Stamp. Each hunter must validate stamps by signing across the face.
Although the season length requested by the Tulalip Tribes appears
to be quite liberal, harvest information indicates a total take by
tribal and nontribal hunters of fewer than 1,000 ducks and 500 geese
annually.
We propose to approve the Tulalip Tribe's request for 2016-17
special migratory bird hunting regulations upon receipt of their
proposal.
(aa) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
members only)
The Upper Skagit Indian Tribe and the Service have cooperated to
establish special regulations for migratory game birds since 2001. The
Tribe has jurisdiction over lands within Skagit, Island, and Whatcom
Counties, Washington. The Tribe issues tribal hunters a harvest report
card that will be shared with the State of Washington.
For the 2016-17 season, the Tribe requests a duck season starting
October 1, 2016, and ending February 28, 2017. The Tribe proposes a
daily bag limit of 15 with a possession limit of 20. The Tribe requests
a coot season starting October 1, 2016, and ending February 15, 2017.
The coot daily bag limit is 20 with a possession limit of 30.
The Tribe proposes a goose season from October 1, 2016, to February
28, 2017, with a daily bag limit of 7 geese and a possession limit of
10. For brant, the Tribe proposes a season from November 1 to November
10, 2016, with a daily bag and possession limit of 2.
The Tribe proposes a mourning dove season between September 1 and
December 31, 2016, with a daily bag limit of 12 and possession limit of
15.
The anticipated migratory bird harvest under this proposal would be
100 ducks, 5 geese, 2 brant, and 10 coots. Tribal members must have the
tribal identification and tribal harvest report card on their person to
hunt. Tribal members hunting on the Reservation will observe all basic
Federal migratory bird hunting regulations found in 50 CFR part 20,
except shooting hours would be 15 minutes before official sunrise to 15
minutes after official sunset.
We propose to approve the Tribe's 2016-17 special migratory bird
hunting regulations.
(bb) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only)
The Wampanoag Tribe of Gay Head is a federally recognized Tribe
located on the island of Martha's Vineyard in Massachusetts. The Tribe
has
[[Page 34239]]
approximately 560 acres of land, which it manages for wildlife through
its natural resources department. The Tribe also enforces its own
wildlife laws and regulations through the natural resources department.
For the 2016-17 season, we have not yet heard from the Tribe. The
Tribe usually proposes a duck season of October 14, 2016, through
February 22, 2017. The Tribe usually proposes a daily bag limit of
eight birds, which could include no more than four hen mallards, four
mottled ducks, one fulvous whistling duck, four mergansers, three
scaup, two hooded mergansers, three wood ducks, one canvasback, two
redheads, two pintail, and four of all other species not listed. The
season for harlequin ducks is usually closed. The Tribe usually
proposes a teal (green-winged and blue) season of October 10, 2016,
through February 22, 2017. A daily bag limit of six teal would be in
addition to the daily bag limit for ducks.
For sea ducks, the Tribe usually proposes a season between October
7, 2016, and February 22, 2017, with a daily bag limit of seven, which
could include no more than one hen eider and four of any one species
unless otherwise noted above.
For Canada geese, the Tribe usually requests a season between
September 4 and September 21, 2016, and between October 28, 2016, and
February 22, 2017, with a daily bag limit of 8 Canada geese. For snow
geese, the tribe usually requests a season between September 4 to
September 21, 2016, and between November 25, 2016, and February 22,
2017, with a daily bag limit of 15 snow geese.
For woodcock, the Tribe usually proposes a season between October
10 and November 23, 2016, with a daily bag limit of three. For sora and
Virginia rails, the Tribe usually requests a season of September 2,
2016, through November 10, 2016, with a daily bag limit of 5 sora and
10 Virginia rails. For snipe, the Tribe usually requests a season of
September 2, 2016, through December 16, 2016, with a daily bag limit of
8.
Prior to 2012, the Tribe had 22 registered tribal hunters and
estimates harvest to be no more than 15 geese, 25 mallards, 25 teal, 50
black ducks, and 50 of all other species combined. Tribal members
hunting on the Reservation will observe all basic Federal migratory
bird hunting regulations found in 50 CFR part 20. The Tribe requires
hunters to register with the Harvest Information Program.
If we receive a proposal that matches the Tribe's usual request, we
propose to approve those 2016-17 special migratory bird hunting
regulations.
(cc) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal Members
Only)
The White Earth Band of Ojibwe is a federally recognized tribe
located in northwest Minnesota and encompasses all of Mahnomen County
and parts of Becker and Clearwater Counties. The reservation employs
conservation officers to enforce migratory bird regulations. The Tribe
and the Service first cooperated to establish special tribal
regulations in 1999.
For the 2016-17 migratory bird hunting season, the White Earth Band
of Ojibwe requests a duck season to start September 10 and end December
18, 2016. For ducks, they request a daily bag limit of 10, including no
more than 2 hen mallards, 1 pintail, and 2 canvasback. For mergansers,
the Tribe proposes the season to start September 10 and end December
18, 2016. The merganser daily bag limit would be five, with no more
than two hooded mergansers. For geese, the Tribe proposes an early
season from September 1 through September 23, 2016, and a late season
from September 24, 2016, through December 18, 2016. The early season
daily bag limit is 12 geese, and the late season daily bag limit is 5
geese.
For coots, the Tribe proposes a September 1 through November 30,
2016, season with daily bag limits of 20 coots. For snipe, woodcock,
rail, and mourning dove, the Tribe proposes a September 1 through
November 30, 2016, season with daily bag limits of 10, 10, 25, and 25
respectively. Shooting hours are one-half hour before sunrise to one-
half hour after sunset. Nontoxic shot is required.
Based on past harvest surveys, the Tribe anticipates harvest of
1,000 to 2,000 Canada geese and 1,000 to 1,500 ducks. The White Earth
Reservation Tribal Council employs four full-time conservation officers
to enforce migratory bird regulations.
We propose to approve the Tribe's 2016-17 special migratory bird
hunting regulations.
(dd) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)
The White Mountain Apache Tribe owns all reservation lands, and the
Tribe has recognized full wildlife-management authority. As in past
years, the White Mountain Apache Tribe has requested regulations that
are essentially unchanged from those agreed to since the 1997-98
hunting year.
The hunting zone for waterfowl is restricted and is described as:
The length of the Black River west of the Bonito Creek and Black River
confluence and the entire length of the Salt River forming the southern
boundary of the reservation; the White River, extending from the Canyon
Day Stockman Station to the Salt River; and all stock ponds located
within Wildlife Management Units 4, 5, 6, and 7. Tanks located below
the Mogollon Rim, within Wildlife Management Units 2 and 3, will be
open to waterfowl hunting during the 2016-17 season. The length of the
Black River east of the Black River/Bonito Creek confluence is closed
to waterfowl hunting. All other waters of the reservation would be
closed to waterfowl hunting for the 2016-17 season.
For nontribal and tribal hunters, the Tribe proposes a continuous
duck, coot, merganser, gallinule, and moorhen hunting season, with an
opening date of October 15, 2016, and a closing date of January 29,
2017. The season on scaup would open November 5, 2016, and end January
29, 2017. The Tribe proposes a daily duck (including mergansers) bag
limit of seven, which may include no more than two redheads, two
pintail, three scaup (when open), seven mallards (including no more
than two hen mallards), and two canvasback. The daily bag limit for
coots, gallinules, and moorhens would be 25, singly or in the
aggregate.
For geese, the Tribe proposes a season from October 15, 2016,
through January 29, 2017. Hunting would be limited to Canada geese, and
the daily bag limit would be three.
Season dates for band-tailed pigeons and mourning doves would run
from September 1, and end September 15, 2016, in Wildlife Management
Unit 10 and all areas south of Y-70 and Y-10 in Wildlife Management
Unit 7, only. Proposed daily bag limits for band-tailed pigeons and
mourning doves would be 3 and 10, respectively.
Possession limits for the above species are twice the daily bag
limits. Shooting hours would be from one-half hour before sunrise to
sunset. There would be no open season for sandhill cranes, rails, and
snipe on the White Mountain Apache lands under this proposal.
A number of special regulations apply to tribal and nontribal
hunters, which may be obtained from the White Mountain Apache Tribe
Game and Fish Department.
We plan to approve the White Mountain Apache Tribe's requested
2016-17 special migratory bird hunting regulations.
[[Page 34240]]
Public Comments
The Department of the Interior's policy is, whenever possible, to
afford the public an opportunity to participate in the rulemaking
process. Accordingly, we invite interested persons to submit written
comments, suggestions, or recommendations regarding the proposed
regulations. Before promulgating final migratory game bird hunting
regulations, we will consider all comments we receive. These comments,
and any additional information we receive, may lead to final
regulations that differ from these proposals.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We will not accept
comments sent by email or fax. We will not consider hand-delivered
comments that we do not receive, or mailed comments that are not
postmarked, by the date specified in DATES.
We will post all comments in their entirety--including your
personal identifying information--on http://www.regulations.gov. Before
including your address, phone number, email address, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may be
made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Division of Migratory Bird Management, 5275 Leesburg
Pike, Falls Church, VA 22041-3803.
We will consider, but possibly may not respond in detail to, each
comment. As in the past, we will summarize all comments we receive
during the comment period and respond to them after the closing date in
the preambles of any final rules.
Required Determinations
Based on our most current data, we are affirming our required
determinations made in the August 6 proposed rule; for descriptions of
our actions to ensure compliance with the following statutes and
Executive Orders, see our August 6, 2015, proposed rule (80 FR 47388):
National Environmental Policy Act (NEPA) Consideration;
Endangered Species Act Consideration;
Regulatory Flexibility Act;
Small Business Regulatory Enforcement Fairness Act;
Paperwork Reduction Act of 1995
Unfunded Mandates Reform Act;
Executive Orders 12630, 12866, 12988, 13132, 13175, 13211,
and 13563.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
The rules that eventually will be promulgated for the 2016-17
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C.
742a-j.
Dated: May 19, 2016.
Karen Hyun,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-12576 Filed 5-26-16; 8:45 am]
BILLING CODE 4333-15-P