[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Proposed Rules]
[Pages 23641-23657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09057]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2020-0032; FF09M21200;212;FXMB1231099BPP0]
RIN 1018-BE34
Migratory Bird Hunting; Proposed Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for
the 2021-22 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 2021-22 migratory bird hunting season. In issuing
this proposed rule, we followed guidelines for a regulatory process
that recognizes the reserved hunting rights and management authority of
Indian Tribes while also ensuring that the migratory game bird resource
receives necessary protection.
DATES:
Written Comments: You must submit comments on the proposed
regulations by June 3, 2021.
Information Collection Requirements: If you wish to comment on the
information collection requirements in this proposed rule, please send
your comments and suggestions on this information collection by July 6,
2021.
ADDRESSES:
Written 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-2020-0032.
U.S. Mail: Public Comments Processing, Attn: FWS-HQ-MB-
2020-0032, U.S. Fish and Wildlife Service; MS: PRB (JAO/3W); 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).
Information Collection Requirements: Send your comments and
suggestions on the information collection requirements to the Service
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church, VA 22041-
3803 (mail); or Info_Coll@fws.gov (email). Please reference OMB Control
Number 1018;0171 in the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: Jerome Ford, U.S. Fish and Wildlife
Service, Department of the Interior, (202) 208-1050.
SUPPLEMENTARY INFORMATION:
Background
Migratory game birds are those bird species so designated in
conventions between the United States and several foreign nations for
the protection and management of these birds. Under the Migratory Bird
Treaty Act (16 U.S.C. 703-712), the Secretary of the Interior is
authorized to determine when ``hunting, taking, capture, killing,
possession, sale, purchase, shipment, transportation, carriage, or
export of any such bird, or any part, nest, or egg'' of migratory game
birds can take place and to adopt regulations for this purpose. These
regulations, which are updated annually, must give due regard to ``the
zones of temperature and to the distribution, abundance, economic
value, breeding habits, and times and lines of migratory flight of such
birds'' (16 U.S.C. 704(a)). The Secretary of the Interior has delegated
to the Service the lead Federal responsibility for managing and
conserving migratory birds in the United States; however, migratory
bird management is a cooperative effort of Federal, State, and Tribal
governments. The Service develops migratory game bird hunting
regulations by establishing the frameworks, or outside limits, for
season lengths, bag limits, and areas for migratory game bird hunting.
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 Service developed guidelines for establishing special
migratory bird hunting regulations for Indian Tribes (53 FR 31612,
August 18, 1988). 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
[[Page 23642]]
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 evaluation of information
obtained by the Tribes.
We conclude the guidelines provide appropriate opportunity to
accommodate the reserved hunting rights and management authority of
Indian Tribes while ensuring that the migratory bird resource receives
necessary protection. The conservation of this important international
resource is paramount. While the guidelines should not be viewed as
inflexible, we note that they have been employed successfully since
1985. 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.
Hunting Season Proposals From Indian Tribes and Organizations
On October 9, 2020, we published in the Federal Register (85 FR
64097) a proposal to amend 50 CFR part 20 to establish open hunting
seasons and daily bag and possession limits for certain designated
groups or species of migratory game birds for 2021-22 in the contiguous
United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands. 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. The
proposed rule also invited proposals from Tribes that want to establish
special hunting regulations for the 2021-22 migratory game bird hunting
season.
For the 2021-22 hunting season, we received requests from 27 Tribes
and Indian organizations. In this proposed rule, we respond to these 27
requests and also evaluate anticipated requests for 5 Tribes from whom
we usually hear but from whom we have not yet received proposals. We
actively solicit regulatory proposals from other Tribal groups that are
interested in working cooperatively for the benefit of waterfowl and
other migratory game birds. We encourage Tribes to work with us to
develop agreements for management of migratory bird resources on Tribal
lands.
The proposed frameworks for flyway regulations were published in
the Federal Register on February 22, 2021 (86 FR 10622). 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 32 Tribes that meet the
established criteria or have recently proposed seasons are shown below.
(a) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Tribal and Nontribal Hunters)
For the past several years, the Confederated Salish and Kootenai
Tribes and the State of Montana have entered into cooperative
agreements for the regulation of hunting on the Flathead Indian
Reservation. The State and the Tribes are currently operating under a
cooperative agreement signed in 1990, which addresses fishing and
hunting management and regulation issues of mutual concern. This
agreement enables all hunters to utilize waterfowl hunting
opportunities on the reservation.
As in the past, Tribal regulations for nontribal hunters would be
at least as restrictive as those established for the Pacific Flyway
portion of Montana. Goose, duck, and coot season dates would also be at
least as restrictive as those established for the Pacific Flyway
portion of Montana. Shooting hours for waterfowl hunting on the
Flathead Reservation are sunrise to sunset. Steel shot or other
federally approved nontoxic shots are the only legal shotgun loads on
the reservation for waterfowl or other game birds.
For Tribal members, the Tribe proposes outside frameworks for ducks
and geese of September 1, 2021, through March 9, 2022. 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
[[Page 23643]]
regulations for the 2021-22 hunting season.
(b) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only)
Since 1996, the Service and the Fond du Lac Band of Lake Superior
Chippewa Indians have cooperated to establish special migratory bird
hunting regulations for Tribal members. The Fond du Lac's proposal
covers land set apart for the band under the Treaties of 1837 and 1854
in northeastern and east-central Minnesota and the Band's Reservation
near Duluth.
The band's proposal for 2021-22 is essentially the same as that
approved last year. The proposed 2021-22 waterfowl hunting season
regulations for Fond du Lac are as follows:
Ducks
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and end November 30, 2021.
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, 2021.
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 1 and end November 30, 2021.
Daily Bag Limit: 15 mergansers, including no more than 6 hooded
mergansers.
B. Reservation:
Season Dates: Begin September 1 and end November 30, 2021.
Daily Bag Limit: 10 mergansers, including no more than 4 hooded
mergansers.
Canada Geese: All Areas
Season Dates: Begin September 1 and end November 30, 2021.
Daily Bag Limit: 20 geese.
Sandhill Cranes: 1854 and 1837 Ceded Territories Only
Season Dates: Begin September 1 and end November 30, 2021.
Daily Bag Limit: Three sandhill cranes. A crane carcass tag is
required prior to hunting.
Tundra and Trumpeter Swans: Reservation Only
Season Dates: Begin September 1 and end November 30, 2021.
Daily Bag Limit: Two swans. Swan carcass tags are required prior to
hunting.
Coots and Common Moorhens (Common Gallinules): All Areas
Season Dates: Begin September 1 and end November 30, 2021.
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, 2021.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate.
Common Snipe: All Areas
Season Dates: Begin September 1 and end November 30, 2021.
Daily Bag Limit: Eight common snipe.
Woodcock: All Areas
Season Dates: Begin September 1 and end November 30, 2021.
Daily Bag Limit: Three woodcock.
Mourning Dove: All Areas
Season Dates: Begin September 1 and end November 30, 2021.
Daily Bag Limit: 30 mourning doves.
The following general conditions apply:
1. While hunting waterfowl, a Tribal member must carry on his/her
person a valid Ceded Territory License.
2. Shooting hours for migratory birds are one-half hour before
sunrise to one-half hour after sunset.
3. Except as otherwise noted, Tribal members will be required to
comply with Tribal codes that will be no less restrictive than the
provisions of Chapter 10 of the Model Off-Reservation Code. Except as
modified by the Service rules adopted in response to this proposal,
these amended regulations parallel Federal requirements in 50 CFR part
20 as to hunting methods, transportation, sale, exportation, and other
conditions generally applicable to migratory bird hunting.
4. Band members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
5. There are no possession limits for migratory birds. For purposes
of enforcing bag limits, all migratory birds in the possession or
custody of band members on ceded lands will be considered to have been
taken on those lands unless tagged by a Tribal or State conservation
warden as having been taken on-reservation. All migratory birds that
fall on reservation lands will not count as part of any off-reservation
bag or possession limit.
The band anticipates harvest will be fewer than 500 ducks and
geese, and fewer than 8 sandhill cranes and 8 trumpeter swans.
We propose to approve the request for special migratory bird
hunting regulations for the Fond du Lac Band of Lake Superior Chippewa
Indians.
(c) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
In the 1995-96 migratory bird seasons, the Grand Traverse Band of
Ottawa and Chippewa Indians and the Service first cooperated to
establish special regulations for waterfowl. The Grand Traverse Band is
a self-governing, federally recognized Tribe located on the west arm of
Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse
Band is a signatory Tribe of the Treaty of 1836. We have approved
special regulations for Tribal members of the 1836 treaty's signatory
Tribes on ceded lands in Michigan since the 1986-87 hunting season.
For the 2021-22 season, the Tribe requests that the Tribal member
duck season run from September 1, 2021, through January 20, 2022. A
daily bag limit of 35 would include no more than 8 pintail, 4
canvasback, 5 hooded merganser, 8 black ducks, 10 wood ducks, 8
redheads, and 20 mallards (only 10 of which may be hens).
For Canada and snow geese, the Tribe proposes a September 1, 2021,
through February 15, 2022, season. For white-fronted geese and brant,
the Tribe proposes a September 20 through December 30, 2021, season.
The daily bag limit for Canada and snow geese would be 15, and the
daily bag limit for white-fronted geese, 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,
2021, 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, 2021, season. The daily bag limit would be 25
mourning dove, 10 snipe, and 10 rail.
For sandhill crane, the Tribe proposes a September 1 through
November 14, 2021, season. The daily bag limit would be 2 birds and a
season limit of 8 birds.
[[Page 23644]]
For snipe and rails, the Tribe proposes a September 1 through
November 14, 2021, season. The daily bag limit would be 10 birds per
species.
Shooting hours would be from one-half hour before sunrise to one-
half hour after sunset. All other Federal regulations contained in 50
CFR part 20 would apply. The Tribe proposes to monitor harvest closely
through game bag checks, patrols, and mail surveys. Harvest surveys
from the 2013-14 hunting season indicated that 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 2021-22 special migratory bird hunting proposal.
(d) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin
(Tribal Members Only)
Since 1985, various bands of the Lake Superior Tribe of Chippewa
Indians have exercised judicially recognized, off-reservation hunting
rights for migratory birds in Wisconsin. The specific regulations were
established by the Service in consultation with the Wisconsin
Department of Natural Resources and the Great Lakes Indian Fish and
Wildlife Commission (GLIFWC), 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 the Michigan Department of Natural Resources and
Environment established court-approved regulations pertaining to off-
reservation hunting rights for migratory birds.
For 2021, GLIFWC proposes off-reservation special migratory bird
hunting regulations on behalf of the member Tribes of the Voigt
Intertribal Task Force of GLIFWC (for the 1837 and 1842 Treaty areas in
Wisconsin and Michigan), the Mille Lacs Band of Ojibwe and the six
Wisconsin Bands (for the 1837 Treaty area in Minnesota), and the Bay
Mills Indian Community (for the 1836 Treaty area in Michigan). Member
Tribes of the Task Force are as follows:
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Wisconsin Minnesota Michigan
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Bad River Band of the Lake Mille Lacs Band of Lac Vieux Desert
Superior Tribe of Chippewa Chippewa Indians. Band of Chippewa
Indians. Indians.
Lac Courte Oreilles Band of Fond du Lac Band of Keweenaw Bay Indian
Lake Superior Chippewa Lake Superior Community.
Indians. Chippewa Indians.
Lac du Flambeau Band of Lake
Superior Chippewa Indians.
Red Cliff Band of Lake
Superior Chippewa Indians.
St. Croix Chippewa Indians
of Wisconsin.
Sokaogon Chippewa Community
(Mole Lake Band).
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This year, GLIFWC proposes to continue certain experimental
regulatory changes approved during the 2017-18 season but first
implemented in 2018 (83 FR 5037, February 5, 2018). First, in the 1837
and 1842 Treaty Areas, GLIFWC allows up to 50 Tribal hunters to use
electronic calls for any open season under a limited and experimental
design under a special Tribal permit. In addition to obtaining a
special permit, the Tribal hunter is required to complete and submit a
hunt diary for each hunt where electronic calls were used. Second,
GLIFWC allows the take of migratory birds (primarily waterfowl) with
the use of hand-held nets, hand-held snares, and/or capture of birds by
hand in the 1837 and 1842 Treaty Areas. This use of nets, snares, or
hand-capture includes the take of birds at night. Both the use of
electronic calls and the use of nets, snares, or hand-capture are
considered 3-year experimental seasons. We propose to approve the
continuation of all these experimental proposals again this year. For
more specific discussion on these regulatory changes, we refer the
reader to the August 22, 2017, and February 5, 2018, proposed and final
rules (82 FR 39716 and 83 FR 5037).
Under GLIFWC's proposed 2021-22 regulations, GLIFWC expects total
ceded territory harvest to be approximately 2,000 to 3,000 ducks, 400
to 600 geese, 50 sandhill cranes, and 30 swans, which is roughly
similar to anticipated levels in the previous year.
Harvest surveys conducted after the 1996, 1997, 1998, 2001, 2004,
2007, 2008, 2011, 2012, 2015, 2018, and 2019 Tribal seasons indicate
that Tribal off-reservation harvest has averaged approximately 1,325
ducks and 300 geese annually during this period. Due to the limited
distribution of doves and dove habitat in the ceded territory, and the
relatively small number of Tribal off-reservation migratory bird
hunters, dove harvest is negligible. Two sandhill cranes were reported
harvested in each of the first three Tribal crane seasons (2012-2014),
3 in 2015, 0 in 2016, 15 in 2017, 31 in 2018, and 24 in 2019. No swans
were harvested in the first three
[[Page 23645]]
Tribal swan seasons (2014-2016), but two swans were harvested in 2017
and 2018 respectively, and 9 in 2019. All swans harvested have been
trumpeters.
The proposed 2021-22 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, 2021.
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, 2021.
Daily Bag Limit: 10 mergansers.
Geese
Season Dates: Begin September 1 and end December 31, 2021. 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, 2021.
Daily Bag Limit: 20 coots and common moorhens (common gallinules),
singly or in the aggregate.
B. Sora and Virginia Rails:
Season Dates: Begin September 1 and end December 31, 2021.
Daily Bag and Possession Limits: 20, singly, or in the aggregate,
25.
C. Common Snipe:
Season Dates: Begin September 1 and end December 31, 2021.
Daily Bag Limit: 16 common snipe.
D. Woodcock:
Season Dates: 1836 Ceded Territory: Begin September 1, 2021; end
December 31, 2021; 1837 & 1842 Ceded Territories: Begin September 3,
2021; end December 31, 2021.
Daily Bag Limit: 10 woodcock.
E. Mourning Dove: 1837 and 1842 Ceded Territories only.
Season Dates: Begin September 1 and end November 29, 2021.
Daily Bag Limit: 15 mourning doves.
F. Sandhill Cranes:
Season Dates: Begin September 1 and end December 31, 2021.
Daily Bag Limit: 5 cranes and no seasonal bag limit in the 1837 and
1842 Treaty areas; 3 cranes and no seasonal bag limit in the 1836
Treaty area.
G. Swans: 1837 and 1842 Ceded Territories only.
Season Dates: Begin September 1 and end December 31, 2021.
Daily Bag Limit: 5 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 20, 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 25 rails
(in the aggregate) and 20 trumpeter swans total. 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. There are no shell limit restrictions.
5. Hunting hours are from 30 minutes before sunrise to 30 minutes
after sunset, except that, within the 1837 and 1842 Ceded Territories,
hunters may use non-mechanical nets or snares that are operated by hand
to take those birds subject to an open hunting season at any time.
Hunters shall also be permitted to capture, without the aid of other
devices (i.e., by hand), and immediately kill birds subject to an open
season, regardless of the time of day.
6. An experimental application of electronic calls will be
continued in the 1837 and 1842 Ceded Territories. Up to 50 Tribal
hunters will be allowed to use electronic calls. Individuals using
these devices will be required to obtain a special permit; they will be
required to complete a hunt diary for each hunt where electronic calls
are used; and they will be required to submit the hunt diary to the
Commission within 2 weeks of the end of the season in order to be
eligible to obtain a permit for the following year. Required
information will include the date, time, and location of the hunt;
number of hunters; the number of each species harvested per hunting
event; if other hunters were in the area, any interactions with other
hunters; and other information deemed appropriate. Diary results will
be summarized and documented in a Commission report, which will be
submitted to the Service. Barring unforeseen results, this experimental
application would be replicated for 3 years (through the 2021-22
season), after which a full evaluation would be completed.
7. Within the 1837 and 1842 Ceded Territories, Tribal members will
be allowed to use non-mechanical, hand-operated nets (i.e., throw/cast
nets or hand-held nets typically used to land fish) and hand-operated
snares, and may chase and capture migratory birds without the aid of
hunting devices (i.e., by hand). At this time, non-attended nets or
snares shall not be authorized under this regulation. Tribal members
using nets or snares to take migratory birds, or taking birds by hand,
will be required to obtain a special permit; they will be required to
complete a hunt diary for each hunt where these methods are used; and
they will be required to submit the hunt diary to the Commission within
2 weeks of the end of the season in order to be eligible to obtain a
permit to net migratory birds for the following year. Required
information will include the date, time, and location of the hunt;
number of hunters; the number of each species harvested per hunting
event; and other information deemed appropriate. Diary results will be
summarized and documented in a Commission report, which will be
submitted to the Service. Barring unforeseen results, this experimental
application would be replicated for 3 years (through the 2021-22
season), after which a full evaluation would be completed.
[[Page 23646]]
We propose to approve the above GLIFWC regulations for the 2021-22
hunting season.
(e) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New
Mexico (Tribal Members and Nontribal Hunters)
The Jicarilla Apache Tribe has had special migratory bird hunting
regulations for Tribal members and nonmembers since the 1986-87 hunting
season. The Tribe owns all lands on the reservation and has recognized
full wildlife management authority. In general, the proposed seasons
would be more conservative than allowed by the Federal frameworks of
last season and by States in the Pacific Flyway.
The Tribe proposes a 2021-22 waterfowl and Canada goose season
beginning October 2, 2021, and a closing date of November 30, 2021.
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 2017-18 season,
estimated duck harvest was 82. The species composition included mainly
mallards, gadwall, and bufflehead. The estimated harvest of geese was
six birds.
The proposed regulations are essentially the same as were
established last year. The Tribe anticipates the maximum 2021-22
waterfowl harvest would be around 200 ducks and 20 geese.
We propose to approve the Tribe's requested 2021-22 hunting
seasons.
(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters)
The Kalispel Reservation was established by Executive Order in
1914, and currently comprises approximately 4,600 acres. The Tribe owns
all Reservation land and has full management authority. The Kalispel
Tribe has a fully developed wildlife program with hunting and fishing
codes. The Tribe enjoys excellent wildlife management relations with
the State. The Tribe and the State have an operational memorandum of
understanding with emphasis on fisheries but also for wildlife.
The nontribal member seasons described below would 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.
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. The Tribe requests a season for ducks run
September 18-19 and September 25-26, 2021, and from October 1, 2021, to
January 8, 2022. In that period, nontribal hunters would be allowed to
hunt approximately 107 days. Hunters should obtain further information
on specific hunt days from the Kalispel Tribe.
For nontribal hunters on tribally managed lands, the Tribe also
requests a season for geese run September 18-19 and September 25-26,
2021, and from October 1, 2021, to January 8, 2022. Total number of
days should not exceed 107. Nontribal hunters should obtain further
information on specific hunt days from the Tribe. Daily bag and
possession limits would be the same as those for the State of
Washington.
The Tribe reports past nontribal harvest of 1.5 ducks per day.
Under the proposal, the Tribe expects harvest to be similar to last
year, that is, fewer than 100 geese and 200 ducks.
All other State and Federal regulations contained in 50 CFR part
20, such as use of nontoxic shot and possession of a signed Migratory
Bird Hunting and Conservation Stamp (Duck Stamp), would be required.
For Tribal members on Kalispel-ceded lands, the Kalispel Tribe
proposes season dates for ducks of October 3, 2021, through January 31,
2022, and for geese of September 15, 2021, through January 31, 2022.
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 Duck Stamp and a Tribal ceded lands permit.
We propose to approve the Kalispel Tribe regulations.
(g) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)
The Klamath Tribe currently has no reservation, per se. However,
the Klamath Tribe has reserved hunting, fishing, and gathering rights
within its former reservation boundary. This area of former
reservation, granted to the Klamaths by the Treaty of 1864, is over 1
million acres. Tribal natural resource management authority is derived
from the Treaty of 1864, and carried out cooperatively under the
judicially enforced Consent Decree of 1981. The parties to this Consent
Decree are the Federal Government, the State of Oregon, and the Klamath
Tribe. The Klamath Indian Game Commission sets the seasons. The Tribal
biological staff and Tribal regulatory enforcement officers monitor
Tribal harvest by frequent bag checks and hunter interviews.
For the 2021-22 seasons, the Tribe requests proposed season dates
of October 5, 2021, through January 31, 2022. Daily bag limits would be
9 for ducks, 9 for geese, and 9 for coot, with possession limits twice
the daily bag limit. Shooting hours would be one-half hour before
sunrise to one-half hour after sunset. Steel shot is required.
Based on the number of birds produced in the Klamath Basin, this
year's harvest would be similar to last year's. Information on Tribal
harvest suggests that more than 70 percent of the annual goose harvest
is local birds produced in the Klamath Basin.
We propose to approve those 2021-22 special migratory bird hunting
regulations.
(h) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only)
The Leech Lake Band of Ojibwe is a federally recognized Tribe
located in Cass Lake, Minnesota. The reservation employs conservation
officers to enforce conservation regulations. The Service and the Tribe
have cooperatively established migratory bird hunting regulations since
2000.
For the 2021-22 season, we have yet to hear from the Leech Lake
Tribe. The Tribe usually requests a duck season starting on September
12 and ending December 31, 2021 and a goose season to run from
September 12 through December 31, 2021. 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.
[[Page 23647]]
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
2021-22 special migratory bird hunting season, upon receipt of their
proposal.
(i) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only)
The Little River Band of Ottawa Indians (LRBOI) is a self-
governing, federally recognized Tribe located in Manistee, Michigan,
and a signatory Tribe of the Treaty of 1836. We have approved special
regulations for Tribal members of the 1836 treaty's signatory Tribes on
ceded lands in Michigan since the 1986-87 hunting season. Ceded lands
are located in Lake, Mason, Manistee, and Wexford Counties. The Band
proposes regulations to govern the hunting of migratory birds by Tribal
members within the 1836 Ceded Territory as well as on the Band's
Reservation.
LRBOI proposes a duck and merganser season from September 1, 2021,
through January 31, 2022. A daily bag limit of 12 ducks would include
no more than 2 pintail, 4 canvasback, 4 black ducks, 6 wood ducks, 4
redheads, 8 mallards (only 4 of which may be a hen), 10 common and red-
breasted merganser, and 2 hooded merganser. Possession limits would be
three times the daily bag limit.
For coots and gallinules, the Tribe proposes a September 14, 2021,
through January 31, 2022, season. Daily bag limits would be 30.
For geese, the Tribe proposes a September 1, 2021, through February
15, 2022, season. Daily bag limits would be 10 geese.
For snipe, woodcock, and rails, the Tribe proposes a September 1 to
December 31, 2021, season. The daily bag limit would be 25 common
snipe, 5 woodcock, and 25 rails. Possession limits for all species
would be three times the daily bag limit.
For mourning dove, the Tribe proposes a September 1 through March
1, 2022, season with a daily bag limit of 25. The possession limit
would be three times the daily bag limit.
For sandhill crane, the Tribe proposes a September 1 through
December 31, 2021, season with a daily bag limit of two. The possession
limit would be three times 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 2021-22 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' 2021-22
special migratory bird hunting seasons.
(j) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan
(Tribal Members Only)
The Little Traverse Bay Bands of Odawa Indians (LTBB) is a self-
governing, federally recognized Tribe located in Petoskey, Michigan,
and a signatory Tribe of the Treaty of 1836. We have approved special
regulations for Tribal members of the 1836 treaty's signatory Tribes on
ceded lands in Michigan since the 1986-87 hunting season.
For the 2021-22 season, the LTBB proposes regulations similar to
those of other Tribes in the 1836 treaty area. The LTBB proposes the
regulations to govern the hunting of migratory birds by Tribal members
on the LTBB reservation and within the 1836 Treaty Ceded Territory. The
Tribal member duck and merganser season would run from September 1,
2021, through January 31, 2022. 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, 2021, through
February 8, 2022, 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, 2021,
season. The daily bag limit will not exceed 10 birds. For snipe, the
LTBB proposes a September 1 to December 31, 2021, season. The daily bag
limit will not exceed 15 birds. For mourning doves, the LTBB proposes a
September 1 to November 14, 2021, season. The daily bag limit will not
exceed 15 birds. For Virginia and sora rails, the LTBB proposes a
September 1 to December 31, 2021, season. The daily bag limit will not
exceed 20 birds per species. For coots and gallinules, the LTBB
proposes a September 1 to December 31, 2021, 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, 2021. The daily bag limit will not exceed two
birds. The possession limit will not exceed two times the bag limit.
All other Federal regulations contained in 50 CFR part 20 would
apply, except the Tribe proposes the use of electronic calls for all
species proposed. The Tribe has agreed to a one-year experimental MOA
with the Service regarding the use of electronic calling.
Harvest surveys from the 2016-17 hunting season indicated that
approximately 8 hunters harvested 10 different waterfowl species. No
sandhill cranes were reported harvested during the 2016-17 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 2021-22 special migratory bird hunting regulations.
(k) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters)
The Lower Brule Sioux Tribe first established Tribal migratory bird
hunting 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
[[Page 23648]]
and wildlife on reservation lands, including deeded and U.S. Army Corps
of Engineers-taken lands. For the 2021-22 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 2021-22 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 2, 2021, through January
6, 2022. The daily bag limit would be six birds or the maximum number
that Federal regulations allow, including no more than two hen mallard
and five mallards total, two pintail, two redhead, two canvasback,
three wood duck, three scaup, and one mottled duck. Two bonus blue-
winged teal are allowed during October 2-17, 2021. 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 23, 2021, through February 6, 2022 (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 23, 2021, through January 18, 2022, with daily bag and
possession limits concurrent with Federal regulations. The Tribe's
proposed nontribal-member light goose season would run from October 23,
2021, through February 6, 2022. The light goose daily bag limit would
be 20 or the maximum number that Federal regulations allow with no
possession limits.
The Tribe proposes a dove season for nontribal members from
September 1 through November 29, 2021. The dove daily bag limit would
be 15.
For Tribal members, the Lower Brule Sioux Tribe proposes a duck,
merganser, and coot season from September 1, 2021, through March 10,
2022. The daily bag limit would be six ducks, including no more than
two hen mallard and five mallards total, one 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, 2021, through March 10, 2022, with a daily bag
limit of six Canada geese. The Tribe's proposed white-fronted goose
Tribal season would run from September 1, 2021, through March 10, 2022,
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, 2021, through March 10, 2022. The
light goose daily bag limit would be 20 or the maximum number that
Federal regulations allow, with no possession limits.
The Tribe proposes a dove season for Tribal members from September
1, 2021, through January 31, 2022. The dove daily bag limit would be
15.
In the 2019 season, nontribal members harvested 167 geese and 424
ducks. Estimated duck harvest was 26 percent lower than the average
harvest from 1993 2018. Goose harvest was 61 percent lower than the
1993 2018 average. Tribal members harvested approximately 40 ducks and
80 geese in 2019.
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, Duck 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 nontribal members seasons' dates fall within
final Federal flyway frameworks.
(l) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal Members
Only)
Since 1996, the Service and the Point No Point Treaty Tribes, of
which Lower Elwha was one, have cooperated to establish special
regulations for migratory bird hunting. The Tribes are now acting
independently, and it is our understanding that the Lower Elwha Klallam
Tribe would like to establish migratory bird hunting regulations for
Tribal members for the 2021-22 season. The Tribe has a reservation on
the Olympic Peninsula in Washington State and is a successor to the
signatories of the Treaty of Point No Point of 1855.
For the 2021-22 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 to
January 4. The daily bag limit would 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 would be one per
season. The coot daily bag limit will be 25. The possession limit would
be twice the daily bag limit, except as noted above.
For geese, the Tribe usually requests a season from September 13 to
January 4. The daily bag limit would be four, including no more than
three light geese. The season on Aleutian Canada geese would 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 to January 11, with a daily
bag limit of 10, 2, and 8, respectively. The possession limit would 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.
(m) Lummi Nation Tribal Community, Bellingham, Washington (Tribal
Members Only)
In 2019, the Service and the Lummi Nation Tribal Community began
cooperating to establish special regulations for migratory bird
hunting. The Lummi Nation Tribal Community is a federally recognized
Indian Tribe. The Lummi Reservation is situated to the west of
Bellingham and to the south of Ferndale, Washington, and was
[[Page 23649]]
established by the Treaty of Point Elliott of January 22, 1855.
For the 2021-22 season, we have yet to hear from the Lummi Nation
Tribe. The Tribe usually proposes their duck (including mergansers and
coot) and goose seasons run from September 1 to March 9. 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 to
March 9. The daily bag limit is five.
The Tribe usually proposes the snipe season run from September 1 to
March 9. The daily bag limit for snipe is 15. The Tribe proposes the
mourning dove season run from September 1 to March 9. The daily bag
limit for mourning dove is 15. The Tribe usually proposes the band-
tailed pigeon season run from September 1 to March 9. The daily bag
limit for band-tailed pigeon is three. The Lummi Nation Tribal
Community requests possession limits to be twice the daily bag limits,
except coot is three times the daily bag limit.
The Community anticipates that the regulations will result in the
harvest of approximately 600 ducks and 200 geese. The Lummi 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 2021-22 special migratory bird hunting
regulations, 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 25, 2021, to January 31, 2022. The daily bag limit is seven
ducks, including no more than seven mallards (only two hen mallard),
two canvasback, one pintail, three scaup, and two 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 25,
2021, and close January 31, 2022. The daily bag limit for geese is four
and two brant. The Tribe notes that there is a year-round closure on
dusky Canada geese.
For band-tailed pigeons, the Tribe proposes that the season open
September 1 and close December 31, 2021. 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
2021-22 migratory bird hunting season.
All other Federal regulations contained in 50 CFR part 20 would
apply. The following restrictions are also proposed by the Tribe:
(1) As per Makah Ordinance 44, only shotguns may be used to hunt
any species of waterfowl. Additionally, shotguns must not be discharged
within 0.25 mile 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
2021-22 special migratory bird hunting regulations.
(o) Muckleshoot Indian Tribe, Auburn, Washington (Tribal Members Only)
The Muckleshoot Tribe is a federally recognized Tribe with reserved
hunting rights under the Treaty of Medicine Creek 1854 and Treaty of
Point Elliott 1855. Hunting occurs within the treaty areas as well as
on lands traditionally hunted by the Muckleshoot Indian Tribe.
The Muckleshoot Indian Tribe proposes a duck, merganser, and coot
hunting season from September 1, 2021, to March 10, 2022. The daily bag
limit is seven, including no more than two hen mallard, two canvasback,
two pintail, three scaup, two redhead, two scoter, two long-tailed
duck, and two goldeneye. The daily bag limit for coots is 25. The Tribe
has a limit on harlequin ducks of one per season.
For geese, the Tribe proposes that the season open on September 1,
2021, and close March 10, 2022. The daily bag limit for geese is 4
Canada geese, 6 light geese, 10 white-fronted geese, and 2 brant. The
Tribe notes that there is a year-round closure on dusky Canada geese.
For band-tailed pigeons, mourning dove, and snipe, the Tribe
proposes that the season open September 1, 2021, and close March 10,
2022. The daily bag limits are 2, 15, and 8, respectively.
The Tribe anticipates that harvest under this regulation will be
relatively low since no known harvest has occurred over the past 20
years, and there are no known dedicated waterfowl or other migratory
bird hunters. Harvest will be for personal cultural and subsistence
purposes. We anticipate fewer than 100 ducks and 100 geese may be
harvested.
All other Federal regulations contained in 50 CFR part 20 would
apply. The following restrictions are also proposed by the Tribe:
(1) Hunting can occur on reservation and off reservation on lands
where the Tribe has treaty-reserved hunting rights, or has documented
traditional use.
(2) Shooting hours for all species of waterfowl are one-half hour
before sunrise to one-half after sunset.
(3) Hunters must be eligible enrolled Muckleshoot Tribal members
and must carry their Tribal identification while hunting.
(4) Tribal members hunting migratory birds must also have a
combined Migratory Bird Hunting Permit and Harvest Report Card.
(5) The use of live decoys and/or baiting to pursue any species of
waterfowl is prohibited.
(6) Hunting for migratory birds is with shotgun only. 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 Service proposes to approve the Muckleshoot Indian Tribe's
2021-22 special migratory bird hunting regulations.
(p) 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
[[Page 23650]]
Mexico, and Utah). The Navajo Nation owns almost all lands on the
reservation and has full wildlife management authority.
For the 2021-22 season, the Tribe requests the earliest opening
dates and longest duck, merganser, Canada goose, and coot seasons, and
the same daily bag and possession limits allowed to Pacific Flyway
States under final Federal frameworks for Tribal and nontribal members.
For both mourning dove and band-tailed pigeons, the Navajo Nation
proposes seasons of September 1-30, 2021, with daily bag limits of 10
and 5, respectively. Possession limits would be twice the daily bag
limits.
The Nation requires Tribal members and nonmembers to comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20
pertaining to shooting hours and manner of taking. In addition, each
waterfowl hunter age 16 or older must carry on his/her person a valid
Duck Stamp, which must be signed in ink across the face. Special
regulations established by the Navajo Nation also apply on the
reservation.
The Tribe 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 2021-
22 season. The Tribe measures harvest by mail survey forms. Through the
established Navajo Nation Code, titles 17 and 18, and 23 U.S.C. 1165,
the Tribe will take action to close the season, reduce bag limits, or
take other appropriate actions if the harvest is detrimental to the
migratory bird resource.
We propose to approve the Navajo Nation's 2021-22 special migratory
bird hunting regulations.
(q) 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 2021-22 season, the Tribe submitted a proposal requesting
special migratory bird hunting regulations. For ducks, the Tribe's
proposal describes the general outside dates as being September 11
through December 5, 2021. The Tribe proposes a daily bag limit of six
birds, which could include no more than three hen mallards, six wood
ducks, two redhead, two pintails, and two hooded merganser.
For geese, the Tribe requests a season between September 1 and
December 31, 2021, with a daily bag limit of five Canada geese. If a
quota of 500 geese is attained before the season concludes, the Tribe
will recommend closing the season early.
For woodcock, the Tribe proposes a season between September 1 and
November 7, 2021, with a daily bag and possession limit of two and
four, respectively.
For mourning dove, the Tribe proposes a season between September 1
and November 7, 2021, with a daily bag and possession limit of 10 and
20, respectively.
The Tribe proposes shooting hours be one-half hour before sunrise
to 15 minutes 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 Duck Stamp; and shotgun capacity is not limited to
three shells.
The Service proposes to approve the 2021-22 special migratory bird
hunting regulations for the Oneida Tribe of Indians of Wisconsin.
(r) 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 would
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 Jamestown S'Klallam and the Port Gamble S'Klallam Tribes,
the Council proposes duck, merganser, and coot seasons from September
1, 2021, through March 10, 2022. The daily bag limit would be seven
ducks and mergansers. The daily bag limit and possession limit on
harlequin ducks would be one per season. The daily bag limit for coots
would be seven. The daily possession limits are three times the daily
bag limits.
For geese, the Point No Point Treaty Council proposes the season
open on September 1, 2021, and close March 10, 2022, for the Jamestown
S'Klallam Tribe and Port Gamble S'Klallam Tribes. The daily bag limits
for Canada geese, light geese, and white-fronted geese would be 5, 6,
and 10, respectively. The Council notes that there is a year-round
closure on dusky Canada geese. For brant, the Council proposes the
season open on January 1 and close January 31, 2022, for the Port
Gamble S'Klallam Tribe, and open on January 15 and close January 31,
2022, for the Jamestown S'Klallam Tribe. The daily bag limit for brant
would be two.
For band-tailed pigeons, the Port Gamble S'Klallam and Jamestown
S'Klallam Tribes seasons would open September 15 and close November 30,
2021. The daily bag limit for band-tailed pigeons would be two. For
snipe, the Port Gamble S'Klallam Tribe and Jamestown S'Klallam Tribes
seasons would open September 1, 2021, and close March 10, 2022. The
daily bag limit for snipe would be eight. For mourning dove, the Port
Gamble S'Klallam Tribe and the Jamestown S'Klallam Tribe would open
September 1, 2021, and close March 10, 2022. The daily bag limit for
mourning dove would be 10.
The Tribe anticipates a total harvest of fewer than 100 birds for
the 2021-22 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
2021-22 special migratory bird season proposal.
(s) 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.
For ducks, mergansers, and common snipe, the Tribe proposes outside
dates as September 1, 2021, through January 31, 2022. The Tribe
proposes a daily bag limit of 20 ducks, which could include
[[Page 23651]]
no more than 5 each of the following: hen mallards, wood duck, black
duck, pintail, redhead, scaup, and canvasback. The merganser daily bag
limit is 10, with no more than 5 hooded mergansers and 16 for common
snipe.
For geese, coot, gallinule, sora, and Virginia rail, the Tribe
requests a season from September 1, 2021, to January 31, 2022. 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, 2021, and January 31, 2022, with daily bag limits of 10
and 25, respectively.
For sandhill crane, the Tribe proposes a season between September
1, 2021, and January 31, 2022, 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 2021-22 special
migratory bird hunting regulations for the Saginaw Tribe of Chippewa
Indians.
(t) Sauk-Suiattle Indian Tribe, Darrington, Washington (Tribal Members
Only)
The Sauk-Suiattle Indian Tribe (SSIT) requests a 2021-22 hunting
season on all open and unclaimed lands under the Treaty of Point
Elliott of January 22, 1855. The Tribe's reservation is located in
Darrington, Washington, just west of the North Cascade Mountain range
in Skagit County on the Sauk and Suiattle Rivers. The Tribe owns and
manages all the land on the reservation and some lands surrounding or
near the reservation in Skagit and Snohomish Counties. All of the lands
that are Tribal or reservation lands are closed for nontribal hunting,
unless opened by an SSIT special regulation.
The Tribe proposes special migratory bird hunting regulations for
ducks, geese, brant, coot, mourning dove, and band-tailed pigeon with
outside dates of September 1, 2021, through March 10, 2022. The Tribe
proposes a daily bag limit of 20 ducks, 20 geese, 5 brant, and 25 coot.
The bag limit of 10 mourning dove and band-tailed pigeon is proposed.
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 2021-22 special
migratory bird hunting regulations for the Sauk-Suiattle Indian Tribe.
(u) 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 common snipe, the Tribe proposes outside dates
as September 1 through December 31, 2021. The Tribe proposes a daily
bag limit of 20 ducks, which could include no more than 10 mallards (5
hen mallards), 5 wood duck, 5 black duck, and 5 canvasbacks. The
merganser daily bag limit is 10 in the aggregate and 16 for common
snipe.
For geese, teal, coot, gallinule, sora, and Virginia rail, the
Tribe requests a season from September 1 to December 31, 2021. 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, 2021, 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, 2021, with a daily bag and possession limit of 10 and
20, respectively.
In 2019, the total estimated waterfowl hunters were 4,149, who
harvested approximately 1,738 ducks. 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 2021-22 special
migratory bird hunting regulations for the Sault Ste. Marie Tribe of
Chippewa Indians.
(v) 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 2021-22 hunting season, provided the duck and goose hunting
season dates are the same as on the reservation.
In a proposal for the 2021-22 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 2, 2021, and a closing date of January 18, 2022. The
Tribes anticipate harvest will be about 7,500 ducks.
The Tribes also request a continuous goose season with the maximum
number of days and the same daily bag and possession limits permitted
in Idaho under Federal frameworks. The Tribes propose that, if the same
number of hunting days is permitted as in previous years, the season
would have an opening date of October 2, 2021, and a closing date of
January 18, 2022. The Tribes anticipate harvest will be about 5,000
geese.
The Tribes request a common snipe season with the maximum number of
days and the same daily bag and possession limits permitted in Idaho
under Federal frameworks. The Tribes propose that, if the same number
of hunting days is permitted as in previous years, the season would
have an opening date of October 2, 2021, and a closing date of January
18, 2022.
Nontribal hunters must comply with all basic Federal migratory bird
hunting
[[Page 23652]]
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 2021-22
hunting season if the seasons' dates fall within the final Federal
flyway frameworks (applies to nontribal hunters only).
(w) Skokomish Tribe, Shelton, Washington (Tribal Members Only)
Since 1996, the Service and the Point No Point Treaty Tribes, of
which the Skokomish Tribe was one, have cooperated to establish special
regulations for migratory bird hunting. The Tribes have been acting
independently since 2005. The Tribe has a reservation on the Olympic
Peninsula in Washington State and is a successor to the signatories of
the Treaty of Point No Point of 1855.
For the 2021-22 season, we have yet to hear from the Skokomish
Tribe. The Skokomish Tribe usually requests a duck and coot season from
September 16 to February 28. 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 to
February 28. The daily bag limit is four, including no more than three
light geese. The season on Aleutian Canada geese is closed. For brant,
the Tribe usually proposes a season from November 1 to February 15,
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 to February 28, with a
daily bag limit of 10, 2, and 8, respectively. The possession limit is
twice the daily bag limit.
All Tribal hunters authorized to hunt migratory birds are required
to obtain a Tribal hunting permit from the Skokomish Tribe pursuant to
Tribal law. Hunting hours would be from one-half hour before sunrise to
sunset. Only steel, tungsten-iron, tungsten-polymer, tungsten-matrix,
and tin shot are allowed for hunting waterfowl. It is unlawful to use
or possess lead shot while hunting waterfowl.
The Tribe anticipates harvest to be fewer than 150 birds. The
Skokomish Public Safety Office enforcement officers have the authority
to enforce these migratory bird hunting regulations.
We propose to approve the Skokomish Tribe's 2021-22 migratory bird
hunting season, upon receipt of their proposal.
(x) 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 Duck Stamp an
opportunity to utilize the reservation and ceded lands for waterfowl
hunting. These regulations would also benefit Tribal membership through
access to this resource throughout Spokane Tribal ceded lands in
eastern Washington. By Spokane Tribal Referendum, spouses of Spokane
Tribal Members and children of Spokane Tribal Members not enrolled are
allowed to harvest game animals within the Spokane Indian Reservation
with the issuance of hunting permits.
The Tribe requests to establish duck seasons that would run from
September 2, 2021, through January 31, 2022. 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, 2021,
and ending on January 31, 2022. 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 2021-22 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 2021-22 special
migratory bird hunting regulations.
(y) 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 2021-22 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 through January 15. 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 and end on January 15. The daily bag limit for snipe would
be eight. For band-tailed pigeon, the Tribe usually proposes that the
season start on September 1 and end on December 31. 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
and ending on January 15. 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.
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 2021-22 special migratory bird
hunting regulations, upon receipt of their proposal.
(z) 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 2021-22 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
[[Page 23653]]
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 goose
seasons run from October 1, 2021, to March 10, 2022. The daily bag
limit on ducks (including sea ducks and mergansers) is 10 including no
more than 7 mallards (3 of which may be hens), 3 pintail, 3 redhead, 3
scaup, 4 hooded merganser, and 3 canvasback. For geese, the daily bag
limit is 6 Canada geese, 12 white-fronted geese, and 8 light geese. The
season on brant is closed. Possession limits are twice the daily bag
limits.
The Tribe proposes the coot season run from October 1, 2021, to
January 31, 2022. The daily bag limit for coot is 25. The Tribe
proposes the snipe season run from October 1, 2021, to January 31,
2022. The daily bag limit for snipe is 10. Possession limit is two
times the daily bag limit. The Tribe proposes the swan season run from
October 1, 2021, to January 31, 2022. The bag limit for swan is two per
season.
Harvest is regulated by a punch card system. Tribal members hunting
on lands under this proposal will observe all basic Federal migratory
bird hunting regulations found in 50 CFR part 20, which will be
enforced by the Stillaguamish Tribal law enforcement. Tribal members
are required to use steel shot or a nontoxic shot as required by
Federal regulations.
The Tribe anticipates a total harvest of 200 ducks, 100 geese, 50
mergansers, 100 coots, and 100 snipe. Anticipated harvest needs include
subsistence and ceremonial needs. Certain species may be closed to
hunting for conservation purposes, and consideration for the needs of
certain species will be addressed.
The Service proposes to approve the Stillaguamish Tribe's request
for 2021-22 special migratory bird hunting regulations.
(aa) 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 2021-22 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, 2021, to March 9, 2022. 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, 2021, to
March 9, 2022. The daily bag limit is five.
The Tribe proposes the snipe season run from September 1, 2021, to
March 9, 2022. The daily bag limit for snipe is 15. The Tribe proposes
the mourning dove season run from September 1, 2021, to March 9, 2022.
The daily bag limit for mourning dove is 15. The Tribe proposes the
band-tailed pigeon season run from September 1, 2021, to March 9, 2022.
The daily bag limit for band-tailed pigeon is three. The Swinomish
Indian Tribal Community requests possession limits to be twice the
daily bag limits, except coot is three times the daily bag limit.
Shooting hours would be 30 minutes before official sunrise until 30
minutes after official sunset.
The Community anticipates that the regulations will result in the
harvest of approximately 600 ducks and 200 geese. The Swinomish utilize
a report card and permit system to monitor harvest and will implement
steps to limit harvest where conservation is needed. All Tribal
regulations will be enforced by Tribal fish and game officers.
We propose to approve these 2021-22 special migratory bird hunting
regulations.
(bb) The Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members Only)
The Tulalip Tribes are the successors in interest to the Tribes and
bands signatory to the Treaty of Point Elliott of January 22, 1855. The
Tulalip Tribes' government is located on the Tulalip Indian Reservation
just north of the City of Everett in Snohomish County, Washington. The
Tribes or individual Tribal members own all of the land on the
reservation, and they have full wildlife management authority. All
lands within the boundaries of the Tulalip Tribes Reservation are
closed to nonmember hunting unless opened by Tulalip Tribal
regulations.
For ducks, mergansers, coot, and snipe, the Tribe proposes seasons
for Tribal members from September 1, 2021, through February 28, 2022.
Daily bag and possession limits would be 15 and 30 ducks, respectively,
except that for blue-winged teal, canvasback, harlequin, pintail, and
wood duck, the bag and possession limits would be the same as those
established in accordance with final Federal frameworks. For coot,
daily bag and possession limits are 25 and 75, respectively, and for
snipe 8 and 24, respectively. Ceremonial hunting may be authorized by
the Department of Natural Resources at any time upon application of a
qualified Tribal member. Such a hunt must have a bag limit designed to
limit harvest only to those birds necessary to provide for the
ceremony.
For geese, Tribal members propose a season from September 1, 2021,
through February 28, 2022. The goose daily bag and possession limits
would be 10 and 30, respectively, except that the bag limits for
cackling Canada geese and dusky Canada geese would be those established
in accordance with final Federal frameworks. The daily bag and
possession limits for black brant are 5 and 10, respectively.
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 Duck 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 2021-22
special migratory bird hunting regulations.
(cc) 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.
[[Page 23654]]
For the 2021-22 season, the Tribe requests a duck season starting
October 1, 2021, and ending February 28, 2022. The Tribe proposes a
daily bag limit of 15 with a possession limit of 20. The Tribe requests
a coot season starting October 1, 2021, and ending February 15, 2022.
The coot daily bag limit is 20 with a possession limit of 30.
The Tribe proposes a goose season from October 1, 2021, to February
28, 2022, 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 10, 2021,
with a daily bag and possession limit of two.
The Tribe proposes a mourning dove season between September 1 and
December 31, 2021, 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 2021-22 special migratory bird
hunting regulations.
(dd) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only)
The Wampanoag Tribe of Gay Head is a federally recognized Tribe
located on the island of Martha's Vineyard in Massachusetts. The Tribe
has approximately 560 acres of land, which it manages for wildlife
through its natural resources department. The Tribe also enforces its
own wildlife laws and regulations through the natural resources
department.
Wampanoag Tribe of Gay Head proposes a duck season of October 8,
2021, through February 16, 2022. The Tribe proposes a daily bag limit
of eight birds, which could include no more than four hen mallards,
four mottled ducks, one fulvous whistling duck, four mergansers, three
scaup, two hooded mergansers, three wood ducks, one canvasback, two
redheads, two pintail, and four of all other species not listed. The
season for harlequin ducks is closed. The Tribe proposes a teal (green-
winged and blue) season of October 8, 2021, through February 16, 2022.
A daily bag limit of 10 teal would be in addition to the daily bag
limit for ducks.
For sea ducks, the Tribe proposes a season between October 1, 2021,
and February 16, 2022, with a daily bag limit of seven, which could
include no more than one hen eider and four of any one species unless
otherwise noted above.
For Canada geese, the Tribe requests a season between September 3
and 15, 2021, and between October 22, 2021, and February 16, 2022, with
a daily bag limit of eight Canada geese. For snow geese, the Tribe
requests a season between September 3 and 13, 2021, and between
November 19, 2021, and February 16, 2022, with a daily bag limit of 15
snow geese.
For woodcock, the Tribe proposes a season between October 8 and
November 24, 2021, with a daily bag limit of three. For sora and
Virginia rails, the Tribe requests a season of September 3 through
November 3, 2021, with a daily bag limit of 5 sora and 10 Virginia
rails. For snipe, the Tribe requests a season of September 3 through
December 8, 2021, with a daily bag limit of eight.
Prior to 2012, the Tribe had 22 registered Tribal hunters and
estimates annual 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.
We propose to approve the Tribe's 2021-22 special migratory bird
hunting regulations.
(ee) 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.
The White Earth Band of Ojibwe requests a duck season to start
September 11 and end December 12, 2021. For ducks, they request a daily
bag limit of 10, including no more than 2 hen mallards, 2 pintail, and
2 canvasback. For mergansers, the Tribe proposes the season to start
September 11 and end December 13, 2021. 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 24, 2021, and a
late season from September 25 through December 12, 2021. The early
season daily bag limit is 10 geese, and the late season daily bag limit
is 5 geese.
For coots, the Tribe proposes a September 1 through November 30,
2021, season with daily bag limits of 20 coots. For snipe, woodcock,
rail, and mourning dove, the Tribe proposes a September 1 through
November 30, 2021, 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 2021-22 special migratory bird
hunting regulations.
(ff) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)
The White Mountain Apache Tribe owns all reservation lands, and the
Tribe has recognized full wildlife management authority.
The hunting zone for waterfowl is restricted and is described as:
The length of the Black River west of the Bonito Creek and Black River
confluence and the entire length of the Salt River forming the southern
boundary of the reservation; the White River, extending from the Canyon
Day Stockman Station to the Salt River; and all stock ponds located
within Wildlife Management Units 4, 5, 6, and 7. Tanks located below
the Mogollon Rim, within Wildlife Management Units 2 and 3, will be
open to waterfowl hunting during the 2021-22 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 2021-22 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 16, 2021, and a closing date of January 23,
2022. For scaup, the Tribe proposes a season opening November 6, 2021,
and a closing date of January 23, 2022. The Tribe proposes a daily duck
(including mergansers) bag limit of seven, which may include no more
than two redheads, one pintail, two scaup (when open), seven mallards
(including no more than two hen mallards), and two canvasback. The
daily bag limit for
[[Page 23655]]
coots, gallinules, and moorhens would be 25, singly or in the
aggregate.
For geese, the Tribe proposes a season from October 16, 2021,
through January 23, 2022. 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 start
September 1 and end September 15, 2021, 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
2021-22 special migratory bird hunting regulations.
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 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 preamble of a final rule.
Required Determinations
Based on our most current data, we are affirming our required
determinations made in the October 9, 2020, proposed rule (85 FR
64097); please see that document for descriptions of our actions to
ensure compliance with the following statutes and Executive Orders:
National Environmental Policy Act Consideration;
Endangered Species Act Consideration;
Regulatory Flexibility Act;
Small Business Regulatory Enforcement Fairness Act;
Unfunded Mandates Reform Act;
Executive Orders 12630, 12866, 12988, 13132, 13175, 13211,
and 13563.
Paperwork Reduction Act
This proposed rule contains existing and new information
collections. The new information collection requirements (identified
below under ``Reports'' and labeled as ``(NEW)'') require OMB approval.
All information collections require approval under the Paperwork
Reduction Act of 1995 (PRA, 44 U.S.C. 3501 et seq.). We may not conduct
or sponsor and you are not required to respond to a collection of
information unless it displays a currently valid Office of Management
and Budget (OMB) control number. The OMB has reviewed and approved the
information collection requirements associated with migratory bird
surveys and the procedures for establishing annual migratory bird
hunting seasons under the following OMB control numbers:
1018-0019, ``North American Woodcock Singing Ground
Survey'' (expires 2/29/2024).
1018-0023, ``Migratory Bird Surveys, 50 CFR 20.20''
(expires 4/30/2023).
1018-0171, ``Establishment of Annual Migratory Bird
Hunting Seasons, 50 CFR part 20'' (expires 2/29/2024).
In accordance with the PRA and 5 CFR 1320.8(d)(1), we provide the
general public and other Federal agencies with an opportunity to
comment on our proposal to revise OMB control number 1018-0171. This
helps us assess the impact of our information collection requirements
and minimize the public's reporting burden. It also helps the public
understand our information collection requirements and provide the
requested data in the desired format. The new annual reporting
requirements identified below as ``NEW'' require OMB approval.
Migratory game birds are those bird species so designated in
conventions between the United States and several foreign nations for
the protection and management of these birds. Under the Migratory Bird
Treaty Act (16 U.S.C. 703-712), the Secretary of the Interior is
authorized to determine when ``hunting, taking, capture, killing,
possession, sale, purchase, shipment, transportation, carriage, or
export of any * * * bird, or any part, nest, or egg'' of migratory game
birds can take place, and to adopt regulations for this purpose. These
regulations are written after giving due regard to ``the zones of
temperature and to the distribution, abundance, economic value,
breeding habits, and times and lines of migratory flight of such
birds'' and are updated annually (16 U.S.C. 704(a)). This
responsibility has been delegated to the Service as the lead Federal
agency for managing and conserving migratory birds in the United
States. However, migratory game bird management is a cooperative effort
of State, Tribal, and Federal governments. Migratory game bird hunting
seasons provide opportunities for recreation and sustenance; aid
Federal, State, and Tribal governments in the management of migratory
game birds; and permit harvests at levels compatible with migratory
game bird population status and habitat conditions.
The Service develops migratory game bird hunting regulations by
establishing the frameworks, or outside limits, for season lengths, bag
limits, and areas for migratory game bird hunting. Acknowledging
regional differences in hunting conditions, the Service has
administratively divided the Nation into four Flyways for the primary
purpose of managing migratory game birds. Each Flyway (Atlantic,
Mississippi, Central,
[[Page 23656]]
and Pacific) has a Flyway Council, a formal organization generally
composed of one member from each State and Province in that Flyway. The
Flyway Councils, established through the Association of Fish and
Wildlife Agencies, also assist in researching and providing migratory
game bird management information for Federal, State, and Provincial
governments, as well as private conservation entities and the general
public.
We request the following information to establish annual migratory
bird hunting seasons:
(1) Information Requested to Establish Annual Migratory Bird
Hunting Seasons:
(A) Tribes that wish to use the guidelines to establish special
hunting regulations for the annual migratory game bird hunting season
are required to submit a proposal that includes:
(i) The requested migratory game bird hunting season dates and
other details regarding the proposed regulations;
(ii) Harvest anticipated under the proposed regulations; and
(iii) Tribal capabilities to enforce migratory game bird hunting
regulations.
(B) State and U.S. territory governments that wish to establish
annual migratory game bird hunting seasons are required to provide the
requested dates and other details for hunting seasons in their
respective States or Territories.
(2) Reports: The following reports are requested from the States
and are submitted either annually or every 3 years as explained in the
following text.
(A) Reports from Experimental Hunting Seasons and Season Structure
Changes:
Atlantic Flyway Council:
Delaware--Experimental tundra swan season (yearly updates and
final report)
Mississippi Flyway Council:
Alabama--Experimental sandhill crane season (yearly updates
and final report)
Minnesota--Experimental teal-only season (yearly updates and
final report) (NEW)
Central Flyway Council:
New Mexico--Experimental sandhill crane season in Estancia
Valley (yearly updates and final report). Now operational--Annual data
are still required, but there is not a final report, since this
monitoring will occur in perpetuity (or as long as the State has that
hunt area).
South Dakota and Nebraska--Experimental two-tier hunting
regulations study (yearly updates and final report) (NEW)
Wyoming--Split (3-way) season for Canada geese (final report
only)
Pacific Flyway Council:
California--Zones and split season for white-fronted geese
(final report only)
Idaho--Experimental swan season (yearly updates and final
report) (NEW)
(B) Additional State-specific Annual Reports:
Arizona--Sandhill crane subspecies composition of the harvest
conducted at 3-year intervals
North Carolina and Virginia--Tundra swan harvest and hunter
participation data
Montana (Central Flyway portion), North Dakota, and South
Dakota--Tundra swan harvest and hunter participation data (yearly)
Montana (Pacific Flyway portion)--Swan harvest-monitoring
program to measure species composition (yearly)
Montana (Pacific Flyway portion), Utah, and Nevada--Swan
harvest-monitoring program to measure the species composition and
report detailing swan harvest, hunter participation, reporting
compliance, and monitoring of swan populations in designated hunt areas
(yearly)
Reports and monitoring are used for a variety of reasons. Some are
used to monitor species composition of the harvest for those areas
where species intermingling can confound harvest management and
potential overharvest of one species can be a management concern.
Others are used to determine overall harvest for those species and/or
areas that are not sampled well by our overall harvest surveys due to
either the limited nature/area of the hunt or season or where the
harvest needs to be closely monitored. Experimental season reports are
used to determine whether the experimental season is achieving its
intended goals and objectives, without causing unintended harm to other
species and ultimately whether the experimental season should proceed
to operational status. Most experimental seasons are 3-year trials with
yearly reports and a final report. Most of the other reports and
monitoring are conducted either annually or at 3-year intervals.
Title: Establishment of Annual Migratory Bird Hunting Seasons, 50
CFR part 20.
OMB Control Number: 1018-0171.
Service Form Number: None.
Type of Request: Revision of a currently approved collection.
Description of Respondents: State and Tribal governments.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: Annually.
Estimated Number of Annual Respondents: 82 (from 52 State
governments and Territories and 30 Tribal governments).
Estimated Number of Annual Responses: 98 (includes State and Tribal
governments and additional reports from States).
Average Completion Time per Response: Varies from 4 hours to 650
hours, depending on the activity.
Estimated Total Annual Burden Hours: 9,378.
Estimated Annual Non-hour Burden Cost: None.
As part of our continuing effort to reduce paperwork and respondent
burdens, and in accordance with 5 CFR 1320.8(d)(1), we invite the
public and other Federal agencies to comment on any aspect of this
proposed information collection, including:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of response.
Send your comments and suggestions on this information collection
by the date indicated under Information Collection Requirements in
DATES to the Service Information Collection Clearance Officer, U.S.
Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls
Church, VA 22041-3803 (mail); or Info_Coll@fws.gov (email). Please
reference OMB Control Number 1018-0171 in the subject line of your
comments.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Authority
The rules that eventually will be promulgated for the 2021-22
hunting
[[Page 23657]]
season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742 a-j.
Shannon A. Estenoz,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
Exercising the Delegated Authority of the Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2021-09057 Filed 5-3-21; 8:45 am]
BILLING CODE 4333-15-P