Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2014-15 Late Season
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Final rule.
CFR Part: "50 CFR Part 20"
RIN Number: "RIN 1018-AZ80"
Citation: "79 FR 57402"
Document Number: "Docket No. FWS-HQ-MB-2014-0017: FF09M21200-145-FXMB1231099BPP0"
Page Number: "57402"
"Rules and Regulations"
SUMMARY: This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for
EFFECTIVE DATE: This rule takes effect on
ADDRESSES: You may inspect comments received on the proposed special hunting regulations and tribal proposals during normal business hours at U.S. Fish & Wildlife Headquarters, MS: BPHC,
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
The Migratory Bird Treaty Act of
In the
(1) On-reservation hunting by both tribal members and nonmembers, with hunting by nontribal members on some reservations to take place within Federal frameworks but on dates different from those selected by the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of usual Federal frameworks for season dates and length, and for daily bag and possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands, outside of usual framework dates and season length, with some added flexibility in daily bag and possession limits.
In all cases, the regulations established under the guidelines must be consistent with the
In the
(2) Methods that would be employed to measure or monitor harvest (such as bag checks, mail questionnaires, etc.);
(3) Steps that would be taken to limit level of harvest, where it could be shown that failure to limit such harvest would adversely impact the migratory bird resource; and
(4) Tribal capabilities to establish and enforce migratory bird hunting regulations.
No action is required if a tribe wishes to observe the hunting regulations established by the State(s) in which an Indian reservation is located. We have successfully used the guidelines since the 1985-86 hunting season. We finalized the guidelines beginning with the 1988-89 hunting season (
Although the
Status of Populations
Information on the status of waterfowl and information on the status and harvest of migratory shore and upland game birds, including detailed information on methodologies and results, is available at the address indicated under FOR FURTHER INFORMATION CONTACT or from our Web site at http://www.fws.gov/migratorybirds/NewsPublicationsReports.html.
Comments and Issues Concerning Tribal Proposals
For the 2014-15 migratory bird hunting season, we proposed regulations for 31 tribes or Indian groups that followed the 1985 guidelines and were considered appropriate for final rulemaking. Some of the proposals submitted by the tribes had both early- and late-season elements. However, as noted earlier, only those with late-season proposals are included in this final rulemaking; 14 tribes have proposals with late seasons. We also noted in the
The comment period for the
National Environmental Policy Act (NEPA)
The programmatic document, "Second Final Supplemental Environmental Impact Statement: Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds (EIS 20130139)," filed with the
Endangered Species Act Consideration
Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the
Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements.
An updated economic analysis was prepared for the 2013-14 season. This analysis was based on data from the 2011
Regulatory Flexibility Act
The annual migratory bird hunting regulations have a significant economic impact on substantial numbers of small entities under the Regulatory Flexibility Act (5 U.S.C.
Small Business Regulatory Enforcement Fairness Act
This rule is a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. For the reasons outlined above, this rule will have an annual effect on the economy of
Paperwork Reduction Act
This final rule does not contain any new information collection that requires approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid
* 1018-0010--Mourning Dove Call Count Survey (discontinued 7/29/2014).
* 1018-0019--
* 1018-0023--Migratory Bird Surveys (expires 6/30/2017). Includes Migratory Bird Harvest Information Program, Migratory Bird Hunter Surveys,
Unfunded Mandates Reform Act
We have determined and certify, in compliance with the requirements of the Unfunded Mandates Reform Act, 2 U.S.C.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this rule, has determined that this rule will not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.
Takings Implication Assessment
In accordance with Executive Order 12630, this rule, authorized by the Migratory Bird Treaty Act (16 U.S.C. 703-711), does not have significant takings implications and does not affect any constitutionally protected property rights. This rule will not result in the physical occupancy of property, the physical invasion of property, or the regulatory taking of any property. In fact, this rule allows hunters to exercise otherwise unavailable privileges and, therefore, reduce restrictions on the use of private and public property.
Energy Effects--Executive Order 13211
Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. While this rule is a significant regulatory action under Executive Order 12866, it is not expected to adversely affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action and no Statement of Energy Effects is required.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of
Federalism Effects
Due to the migratory nature of certain species of birds, the Federal Government has been given responsibility over these species by the Migratory Bird Treaty Act. We annually prescribe frameworks from which the States make selections regarding the hunting of migratory birds, and we employ guidelines to establish special regulations on Federal Indian reservations and ceded lands. This process preserves the ability of the States and tribes to determine which seasons meet their individual needs. Any State or Indian tribe may be more restrictive than the Federal frameworks at any time. The frameworks are developed in a cooperative process with the States and the Flyway Councils. This process allows States to participate in the development of frameworks from which they will make selections, thereby having an influence on their own regulations. These rules do not have a substantial direct effect on fiscal capacity, change the roles or responsibilities of Federal or State governments, or intrude on State policy or administration. Therefore, in accordance with Executive Order 13132, these regulations do not have significant federalism effects and do not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
Regulations Promulgation
The rulemaking process for migratory game bird hunting must, by its nature, operate under severe time constraints. However, we intend that the public be given the greatest possible opportunity to comment. Thus, when the preliminary proposed rulemaking was published, we established what we believed were the longest periods possible for public comment. In doing this, we recognized that when the comment period closed, time would be of the essence. That is, if there were a delay in the effective date of these regulations after this final rulemaking, States and Tribes would have insufficient time to select season dates and limits; to communicate those selections to us; and to establish and publicize the necessary regulations and procedures to implement their decisions. We therefore find that "good cause" exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and these seasons will, therefore, take effect less than 30 days after the date of publication.
Accordingly, with each participating Tribe having had an opportunity to participate in selecting the hunting seasons desired for its reservation or ceded territory on those species of migratory birds for which open seasons are now prescribed, and consideration having been given to all other relevant matters presented, certain sections of title 50, chapter I, subchapter B, part 20, subpart K, are hereby amended as set forth below.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife.
Regulations Promulgation
Accordingly, part 20, subchapter B, chapter I of title 50 of the Code of Federal Regulations is amended as follows:
PART 20--[AMENDED]
1. The authority citation for part 20 continues to read as follows:
Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Pub. L. 106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.
( Note: The following hunting regulations provided for by 50 CFR 20.110 will not appear in the Code of Federal Regulations because of their seasonal nature).
2. Amend
* * * * *
(a) Colorado River Indian Tribes,
Doves
Season Dates: Open
Daily Bag and Possession Limits: For the early season, daily bag limit is 10 mourning or white-winged doves, singly, or in the aggregate. For the late season, the daily bag limit is 10 mourning doves. Possession limits are twice the daily bag limits after the first day of the season.
Ducks (Including Mergansers)
Season Dates: Open
Daily Bag and Possession Limits: Seven ducks, including two hen mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon teal, three scaup, one canvasback, and one pintail. The possession limit is twice the daily bag limit.
Coots and Common Moorhens
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots and common moorhens, singly or in the aggregate. The possession limit is twice the daily bag limit.
Geese
Season Dates: Open
Daily Bag and Possession Limits: Three dark (
General Conditions: All persons 14 years and older must be in possession of a valid
(b) Confederated Salish and Kootenai Tribes,
Tribal Members Only
Ducks (Including Mergansers)
Season Dates: Open
Daily Bag and Possession Limits: The Tribe does not have specific bag and possession restrictions for Tribal members. The season on harlequin duck is closed.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
Nontribal Hunters
Ducks (Including Mergansers)
Season Dates: Open
Scaup
Season Dates:
Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, two pintail, three scaup (when open), one canvasback, and two redheads. The possession limit is three times the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 and 75, respectively.
Geese
Dark Geese
Season Dates: Open
Daily Bag and Possession Limits: 4 and 12 geese, respectively.
Light Geese
Season Dates: Open
Daily Bag and Possession Limits: 20 and 60 geese, respectively.
Youth Waterfowl Hunt
Season Dates: Open
Daily Bag and Possession Limits: Same as ducks.
General Conditions: Tribal and nontribal hunters must comply with all basic Federal migratory bird hunting regulations contained in 50 CFR part 20 regarding manner of taking. In addition, shooting hours are sunrise to sunset, and each waterfowl hunter 16 years of age or older must carry on his/her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Special regulations established by the Confederated Salish and Kootenai Tribes also apply on the reservation.
* * * * *
(f)
Ducks (Including M ergansers)
Season Dates: Open
Daily Bag and Possession Limits: The daily bag limit is seven, including no more than two hen mallards, two pintail, two redheads, one canvasback, and three scaup. The possession limit is three times the daily bag limit.
Canada Geese
Season Dates: Open
Daily Bag and Possession Limits: Two and six, respectively.
General Conditions: Tribal and nontribal hunters must comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20 regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or older must carry on his/her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Special regulations established by the
(g)
Nontribal Hunters on Reservation
Geese
Season Dates: Open
Daily Bag and Possession Limits: 5 Canada geese for the early season, and 3 light geese and 4 dark geese, for the late season. The daily bag limit is 2 brant (when the State's season is open) and is in addition to dark goose limits for the late-season. The possession limit is twice the daily bag limit.
Ducks
Season Dates: Open
Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 2 pintail, 1 canvasback, 3 scaup, and 2 redheads. The possession limit is three times the daily bag limit.
Tribal Hunters Within Kalispel Ceded Lands
Ducks
Season Dates: Open
Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 2 pintail, 1 canvasback, 3 scaup, and 2 redheads. The possession limit is twice the daily bag limit.
Geese
Season Dates: Open
Daily Bag Limit: 6 light geese and 4 dark geese. The daily bag limit is 2 brant and is in addition to dark goose limits.
General Conditions: Tribal members must possess a validated Migratory Bird Hunting and Conservation Stamp and a tribal ceded lands permit.
(h)
Ducks
Season Dates: Open
Daily Bag and Possession Limits: 9 and 18 ducks, respectively.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 9 and 18 coots, respectively.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 9 and 18 geese, respectively.
General Conditions:
* * * * *
(l)
Tribal Hunters
Ducks, Mergansers, and Coots
Season Dates: Open
Daily Bag and Possession Limits: Six ducks, including no more five mallards (only two of which may be hens), four scaup, one mottled duck, two redheads, three wood ducks, one canvasback, and two pintail. Coot daily bag limit is 15. Merganser daily bag limit is five, including no more than two hooded mergansers. The possession limit is three times the daily bag limit.
Canada Geese
Season Dates: Open
Daily Bag and Possession Limits: 6 and 18, respectively.
White-Fronted Geese
Season Dates: Open
Daily Bag and Possession Limits: Two and six, respectively.
Light Geese
Season Dates: Open
Daily Bag Limit: 20.
Nontribal Hunters
Ducks (Including Mergansers and Coots)
Season Dates: Open
Daily Bag and Possession Limits: Six ducks, including five mallards (no more of which can be two hen mallard), three scaup, one canvasback, two redheads, three wood ducks, one mottled duck, and two pintail. Coot daily bag limit is 15. Merganser daily bag limit is five, including no more than two hooded mergansers. The possession limit is three times the daily bag limit.
Canada Geese
Season Dates: Open
Daily Bag and Possession Limits: 6 and 18, respectively.
White-Fronted Geese
Season Dates: Open
Daily Bag and Possession Limits: One and three, respectively.
Light Geese
Season Dates: Open
Daily Bag and Possession Limits: 50 and no possession limit.
General Conditions: All hunters must comply with the basic Federal migratory bird hunting regulations in 50 CFR part 20, including the use of steel shot. Nontribal hunters must possess a validated Migratory Bird Hunting and Conservation Stamp.
* * * * *
(o) Navajo Nation,
Band-Tailed Pigeons
Season Dates: Open
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks (Including Mergansers and Coots)
Season Dates: Open
Scaup
Season Dates: Open
Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one mottled duck, one canvasback, three scaup (when open), two redheads, and two pintail. Coot daily bag limit is 25. Merganser daily bag limit is seven. The possession limit is three times the daily bag limit.
Canada Geese
Season Dates: Open
Daily Bag and Possession Limits: 4 and 12, respectively.
General Conditions: Tribal and nontribal hunters will comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20, regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or over must carry on his/her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the face. Special regulations established by the Navajo Nation also apply on the reservation.
* * * * *
(r)
Mourning Doves
Season Dates: Open
Daily Bag Limit: 25 doves.
Ducks
Season Dates: Open
Daily Bag Limits: 20, including no more than 5 hen, 5 canvasback, 5 black duck, and 5 wood duck.
Mergansers
Season Dates: Open
Daily Bag Limit: 10 in the aggregate.
Canada Geese
Season Dates: Open
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open
Daily Bag Limits: 16.
Sora and Virginia Rails
Season Dates: Open
Daily Bag Limits: 20 in the aggregate.
General Conditions: Possession limits are twice the daily bag limits except for rails, of which the possession limit equals the daily bag limit (20). Tribal members must possess a tribal hunting permit from the
* * * * *
(t) Shoshone-Bannock Tribes,
Ducks Including Scaup
Duck Season Dates: Open
Scaup Season Dates: Open
Daily Bag and Possession Limits: Seven ducks and mergansers, including no more than two hen mallards, two pintail, three scaup, one canvasback, and two redheads. The possession limit is three times the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots. The possession limit is three times the daily bag limit.
Common Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 8 and 24 snipe, respectively.
Canada Geese
Season Dates: Open
Daily Bag and Possession Limits: 4 and 12, respectively.
White-Fronted Geese
Season Dates: Open
Daily Bag and Possession Limits: 10 and 30, respectively.
Light Geese
Season Dates: Open
Daily Bag and Possession Limits: 10 and 30, respectively
General Conditions: Nontribal hunters must comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20 regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or older must possess a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Other regulations established by the Shoshone-Bannock Tribes also apply on the reservation.
* * * * *
(x)
Band-Tailed Pigeon
Season Dates: Open
Daily Bag and Possession Limits: Four and eight, respectively.
Mourning Dove
Season Dates: Open
Daily Bag and Possession Limits: 10 and 20, respectively.
Ducks
Season Dates: Open
Daily Bag and Possession Limits: 10 ducks, including no more than 7 mallards, 3 of which may be hen mallards, 3 pintail, 3 scaup, 3 canvasback, and 3 redheads. The possession limit is twice the daily bag limit.
Coots
Season Dates: Open
Daily Bag and Possession Limits: 25 coots. The possession limit is twice the daily bag limit.
Common Snipe
Season Dates: Open
Daily Bag and Possession Limits: 10 and 20 snipe, respectively.
Geese
Season Dates: Open
Daily Bag and Possession Limits: 6 and 12, respectively.
Tribal members hunting on lands will observe all basic Federal migratory bird hunting regulations found in 50 CFR part 20, which will be enforced by the Stillaguamish Tribal Law Enforcement. Tribal members are required to use steel shot or a nontoxic shot as required by Federal regulations.
(y)
Ducks
Season Dates: Open
Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, two pintail, two canvasback, one harlequin per season, and two redheads. Possession limit is twice the daily bag limit (except for harlequin).
Geese
Season Dates: Open
Daily Bag and Possession Limits: Four geese, and may include no more than three light geese. The season on Aleutian Canada geese is closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open
Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
Season Dates: Open
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
* * * * *
(aa)
Ducks
Season Dates: Open
Daily Bag and Possession Limits: 15 and 20, respectively.
Coots
Season Dates: Open
Daily Bag and Possession Limits: 20 and 30, respectively.
Geese
Season Dates: Open
Daily Bag and Possession Limits: 7 and 10 geese, respectively.
Brant
Season Dates: Open
Daily Bag and Possession Limits: Two and two, respectively.
Mourning Dove
Season Dates: Open
Daily Bag and Possession Limits: 12 and 15 mourning doves, respectively.
General Conditions: Tribal members must have the tribal identification and harvest report card on their person to hunt. Tribal members hunting on the Reservation will observe all basic Federal migratory bird hunting regulations found in 50 CFR part 20, except shooting hours would be one-half hour before official sunrise to one-half hour after official sunset.
(bb)
Teal
Season Dates: Open
Daily Bag Limits: 10 teal.
Ducks
Season Dates: Open
Daily Bag Limits: Six ducks, including no more than four hen mallards, six black ducks, four mottled ducks, one fulvous whistling duck, four mergansers, three scaup, two hooded merganser, three wood ducks, one canvasback, two redheads, and two pintail. The season is closed for harlequin ducks.
Sea Ducks
Season Dates: Open
Daily Bag Limits: Seven ducks including no more than four of any one species (only one of which may be a hen eider).
Woodcock
Season Dates: Open
Daily Bag Limits: Three woodcock.
Canada Geese
Season Dates: Open
Daily Bag Limits: Eight Canada geese.
Snow Geese
Season Dates: Open
Daily Bag Limits: 15 snow geese.
Sora and Virginia Rails
Season Dates: Open
Daily Bag Limits: 5 sora and 10 Virginia Rails.
Snipe
Season Dates: Open
Daily Bag Limits: Eight snipe.
General Conditions: Shooting hours are one-half hour before sunrise to sunset. Nontoxic shot is required. All other basic Federal migratory bird hunting regulations contained in 50 CFR part 20 will be observed.
* * * * *
(dd)
Band-tailed Pigeons (Wildlife Management Unit 10 and areas south of
Season Dates: Open
Daily Bag and Possession Limits: Three and six pigeons, respectively.
Mourning Doves (Wildlife Management Unit 10 and areas south of
Season Dates: Open
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks and Mergansers
Season Dates: Open
ag Limits: Seven, including no more than two female mallards and two redhead. The season on scaup is closed.
Possession Limits: Twice the daily bag limit.
Pintail and Canvasback
Season Dates: Open
Daily Bag Limits: Two pintail and one canvasback.
Possession Limits: Twice the daily bag limit.
Coots
Season Dates: Open
Daily Bag and Possession Limits: 25 and 50, respectively.
Canada Geese
Season Dates: Open
Daily Bag and Possession Limits: Three and six Canada geese, respectively.
General Conditions: All nontribal hunters hunting band-tailed pigeons and mourning doves on Reservation lands shall have in their possession a valid
* * * * *
Dated:
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2014-22506 Filed 9-23-14;
BILLING CODE 4310-55-P
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