Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2017-18 Season
Proposed rule.
CFR Part: "50 CFR Part 20"
RIN Number: "RIN 1018-BB40"
Citation: "82 FR 39716"
Document Number: "Docket No. FWS-HQ-MB-2016-0051; FF09M21200-178-FXMB1231099BPP0"
Page Number: "39716"
"Proposed Rules"
SUMMARY: The
EFFECTIVE DATE: You must submit comments on the proposed regulations by
ADDRESSES: Comments: You may submit comments on the proposals by one of the following methods:
* Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS-HQ-MB-2016-0051.
*
We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see Public Comments, below, for more information).
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: As part of DOI's retrospective regulatory review, we developed a schedule for migratory game bird hunting regulations that is more efficient and will provide dates much earlier than was possible under the old process. This will facilitate planning for the States and all parties interested in migratory bird hunting. Beginning in the summer of 2015, with the development of the 2016-17 hunting seasons, we are using a new schedule for establishing our annual migratory game bird hunting regulations. We will combine the current early- and late-season regulatory actions into a single process, based on predictions derived from long-term biological information and harvest strategies, to establish migratory bird hunting seasons much earlier than the system we have used for many years. Under the new process, we will develop proposed hunting season frameworks for a given year in the fall of the prior year. We will finalize those frameworks a few months later, thereby enabling the State agencies to select and publish their season dates in early summer. This rulemaking is part of that process.
We developed the guidelines for establishing special migratory bird hunting regulations for Indian Tribes in response to tribal requests for recognition of their reserved hunting rights and, for some Tribes, recognition of their authority to regulate hunting by both tribal and nontribal hunters on their reservations. The guidelines include possibilities for:
(1) On-reservation hunting by both tribal and nontribal hunters, with hunting by nontribal hunters on some reservations to take place within Federal frameworks but on dates different from those selected by the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of the usual Federal frameworks for season dates and length, and for daily bag and possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands, outside of usual framework dates and season length, with some added flexibility in daily bag and possession limits.
In all cases, the regulations established under the guidelines must be consistent with the
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
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 believe the guidelines provide appropriate opportunity to accommodate the reserved hunting rights and management authority of Indian Tribes while ensuring that the migratory bird resource receives necessary protection. The conservation of this important international resource is paramount. Further, the guidelines should not be viewed as inflexible. In this regard, we note that they have been employed successfully since 1985. We believe they have been tested adequately and, therefore, we made them final beginning with the 1988-89 hunting season (53 FR 31612,
Regulations Schedule for 2017
On
The
On
On
Population Status and Harvest
Each year we publish various species status reports that provide detailed information on the status and harvest of migratory game birds, including information on the methodologies and results. These reports are available at the address indicated under FOR FURTHER INFORMATION CONTACT or from our Web site at https://www.fws.gov/birds/surveys-and-data/reports-and-publications/population-status.php.
We used the following reports: Adaptive Harvest Management, 2017 Hunting Season (
Hunting Season Proposals From Indian Tribes and Organizations
For the 2017-18 hunting season, we received requests from 24 Tribes and Indian organizations. In this proposed rule, we respond to these requests and also evaluate anticipated requests for six Tribes from whom we usually hear but from whom we have not yet received proposals. We actively solicit regulatory proposals from other tribal groups that are interested in working cooperatively for the benefit of waterfowl and other migratory game birds. We encourage Tribes to work with us to develop agreements for management of migratory bird resources on tribal lands.
The proposed frameworks for flyway regulations were published in the
(a) Colorado River Indian Tribes,
The Colorado River Indian Reservation is located in
We have yet to hear from the Colorado River Indian Tribes. The Tribes usually request a split dove season, with the early season beginning on
The Tribes also usually propose duck hunting seasons. The season would usually open
For geese, the Colorado River Indian Tribes usually propose a season of
In 1996, the Tribes conducted a detailed assessment of dove hunting. Results showed approximately 16,100 mourning doves and 13,600 white-winged doves were harvested by approximately 2,660 hunters who averaged 1.45 hunter-days. Field observations and permit sales indicate that fewer than 200 hunters participate in waterfowl seasons. Under the proposed regulations described here and based upon past seasons, we and the Tribes estimate harvest will be similar.
Hunters must have a valid
We propose to approve the Colorado River Indian Tribes regulations for the 2017-18 hunting season, if the seasons' dates fall within final flyway frameworks (applies to nontribal hunters only) and upon receipt of their proposal.
(b)
For the past several years, the
As in the past, tribal regulations for nontribal hunters would be at least as restrictive as those established for the Pacific Flyway portion of
For tribal members, the Tribe proposes outside frameworks for ducks and geese of
The requested season dates and bag limits are similar to past regulations. Harvest levels are not expected to change significantly. Standardized check station data from the 1993-94 and 1994-95 hunting seasons indicated no significant changes in harvest levels and that the large majority of the harvest is by nontribal hunters.
We propose to approve the Tribes' request for special migratory bird regulations for the 2017-18 hunting season.
(c) Fond du Lac Band of Lake Superior Chippewa Indians,
Since 1996, the Service and the
The band's proposal for 2017-18 is essentially the same as that approved last year. The proposed 2017-18 waterfowl hunting season regulations for Fond du Lac are as follows:
Ducks
A. 1854 and 1837 Ceded Territories
Season Dates: Begin
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
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
Daily Bag Limit: 15 mergansers, including no more than 6 hooded mergansers.
B. Reservation
Season Dates: Begin
Daily Bag Limit: 10 mergansers, including no more than 4 hooded mergansers.
Canada Geese
All Areas
Season Dates: Begin
Daily Bag Limit: 20 geese.
Sandhill Cranes
1854 and 1837 Ceded Territories Only
Season Dates: Begin
Daily Bag Limit: Two sandhill cranes. A crane carcass tag is required prior to hunting.
Coots and Common Moorhens (Common Gallinules)
A. 1854 and 1837 Ceded Territories
Season Dates: Begin
Daily Bag Limit: 20 coots and common moorhens, singly or in the aggregate.
B. Reservation
Season Dates: Begin
Daily Bag Limit: 20 coots and common moorhens, singly or in the aggregate.
Sora and Virginia Rails
All Areas
Season Dates: Begin
Daily Bag Limit: 25 sora and
Common Snipe
All Areas
Season Dates: Begin
Daily Bag Limit: Eight common snipe.
Woodcock
All Areas
Season Dates: Begin
Daily Bag Limit: Three woodcock.
All Areas
Season Dates: Begin
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 10 sandhill cranes.
We propose to approve the request for special migratory bird hunting regulations for the
(d)
In the 1995-96 migratory bird seasons, the
For the 2017-18 season, the Tribe requests that the tribal member duck season run from
For Canada and snow geese, the Tribe proposes a
For woodcock, the Tribe proposes a
For sandhill crane, the Tribe proposes a
For snipe and rails, the Tribe proposes a
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
(e)
Since 1985, various bands of the
We acknowledge all of the States' concerns, but point out that the
For 2017, GLIFWC proposes off-reservation special migratory bird hunting regulations on behalf of the member Tribes of the
The GLIFWC 2017 proposal has four changes from regulations approved last season. First, in the 1837 and 1842 Treaty Areas, the GLIFWC proposal would allow 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 would be required to complete and submit a hunt diary for each hunt where electronic calls were used. Second, GLIFWC also proposes to allow the take of migratory birds (primarily waterfowl) with the use of hand-held nets, hand-held snares, and/or capture birds by hand in the 1837 and 1842 Treaty Areas. The GLIWFC proposal for the use of nets, snares, or by hand would include the take of birds at night. Third, GLIFWC proposes beginning the current swan season
GLIFWC states that the proposed regulatory changes are intended to increase the subsistence opportunities for tribal migratory bird hunters and provide opportunities for more efficient harvesting. Under the GLIFWC's proposed regulations, GLIFWC expects total ceded territory harvest to be approximately 2,000 to 3,000 ducks, 400 to 600 geese, 20 sandhill cranes, and 20 swans, which, with the exception of ducks, is roughly similar to anticipated levels in previous years for those species for which seasons were established. GLIFWC further anticipates that tribal harvest will remain low given the small number of tribal hunters and the limited opportunity to harvest more than a small number of birds on most hunting trips.
Recent GLIFWC harvest surveys (1996-98, 2001, 2004, 2007-08, 2011, 2012, and 2015) indicate that tribal off-reservation waterfowl harvest has averaged fewer than 1,100 ducks and 250 geese annually. In the latest survey year for which we have specific results (2015), an estimated 297 hunters hunted a total of 2,190 days and harvested 2,727 ducks (1.2 ducks per day) and 639 geese. The greatest number of ducks reported harvested in a single day was 10, while the highest number of geese reported taken on a single outing was 6. Mallards, wood ducks, and blue-winged teal composed about 72 percent of the duck harvest. Two sandhill cranes were reported harvested in each of the first three Tribal sandhill crane seasons, with 3 reported harvested in 2015. No swans have been harvested. About 81 percent of the estimated hunting days took place in
Allowing Electronic Calls
In the 1837 and 1842 Treaty Areas, GLIFWC proposes allowing an experimental application of electronic calls with up to 50 Tribal hunters allowed to use the devices. Individuals using electronic calls would be required to obtain a special Tribal permit, complete a hunt diary for each hunt where the devices are used, and 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. GLIFWC proposes to require hunters to record the date, time, and location of each hunt; the 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 GLIFWC deems appropriate. GLIFWC would then summarize the diary results and submit a report to the Service. Barring unforeseen results, GLIFWC proposes that this experimental application be replicated for 3 years, after which a full evaluation would be completed.
As we have stated over the last 6 years (76 FR 54676,
In our previous responses on this issue, we have also discussed information stemming from the use of electronic calls during the special light-goose seasons and our conclusions as to its applicability to most other waterfowl species. Given available evidence on the effectiveness of electronic calls, we continue to be concerned about the large biological uncertainty surrounding any widespread use of electronic calls. Additionally, given the fact that tribal waterfowl hunting covered by this proposal would occur on ceded lands that are not in the ownership of the Tribes, we remain very concerned that the use of electronic calls to take waterfowl would lead to confusion on the part of the public, wildlife-management agencies, and law enforcement officials in implementing the requirements of 50 CFR part 20. Further, similar to the impacts of baiting, we have concerns on the uncertain zone of influence range from the use of electronic calls which could potentially increase harvest from nontribal hunters operating within areas that electronic calls are used during the dates of the general hunt. However, unlike baiting, once the electronic call is removed from an area, the attractant or lure is immediately removed with presumably little to no lingering effects.
Notwithstanding our above concerns, we understand and appreciate GLIFWC's position on this issue, their desire to increase tribal hunter opportunity, harvest, and participation, and the importance that GLIFWC has ascribed to these issues. We further appreciate GLIFWC's latest proposal on the issue. GLIFWC has proposed a limited use of electronic calls under an experimental design with up to only 50 Tribal hunters. Hunters would be required to obtain special permits and complete and submit a hunt diary for each hunt where electronic calls were used. Clearly, GLIFWC has given this issue considerable thought. In our recent discussions with them, they have willingly discussed our concerns and all the uncertainties and difficulties surrounding them. Therefore, we agree with the tribes that much of the large uncertainty surrounding any widespread use of electronic calls could be potentially controlled, or significantly lessened, by this very modest experiment.
In that light, we are proposing GLIFWC's limited experimental approach with the hope of gaining some additional information and knowledge about the use of electronic calls and their effects on waterfowl. Ideally, this limited approach would include utilizing electronic calls both for Canada geese (where they may already be used in some instances) and new efforts for ducks. Important data related to tribal hunter interest, participation, effects on targeted species, and harvest would need to be closely tracked and reported, as GLIFWC has proposed. We conclude that the experimental removal of the electronic call prohibition, with the proposed limited design, would be consistent with helping address and answer some of our long-standing concerns, and thus we support GLIFWC's proposal to allow the experimental use of electronic calls in the 1837 and 1842 Treaty Areas for any open season for a 3-year experimental period.
Use of Hand-Held Nets and Snares
GLIFWC proposes that we allow the take of migratory birds (primarily waterfowl) with the use of hand-held nets, hand-held snares, and the capturing of birds by hand in the 1837 and 1842 Treaty Areas. The GLIWFC proposal for the use of nets and snares and capturing by hand would include the take of birds at night. Within the 1837 and 1842 Treaty Areas, tribal members would 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 could chase and capture migratory birds without the aid of hunting devices (i.e., by hand). Non-attended nets or snares would not be authorized under this proposal. Tribal members using nets or snares to take migratory birds, or taking birds by hand, would be required to obtain a special Tribal permit, complete a hunt diary for each hunt where these methods are used, and 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. GLIFWC-required information would include the date, time, and location of the hunt; number of hunters; the number of each species harvested per hunting event; and other information GLIFWC deems appropriate. Diary results would then be summarized and documented in a GLIFWC report, which would be submitted to the Service. Barring unforeseen results, GLIFWC proposes that this experimental application be replicated for 3 years, after which a full evaluation would be completed.
Current regulations at 50 CFR part 20 do not allow the use of traps, nets, or snares to capture migratory game birds (see
Extension of the Swan Season
GLIFWC has conducted a swan season in the 1837 and 1842 Treaty Areas since 2014. While the season primarily is targeted at tundra swans, trumpeter swans are legally allowed in the daily bag limit. However, all swans harvested must be registered with the Tribe by presenting the fully feathered carcass to a tribal registration station or GLIFWC warden, to confirm species. If the total number of trumpeter swans harvested reaches 10, GLIFWC closes the swan season by emergency rule. Hunters are expected to check the GLIFWC's Web site each day they hunt to determine season status. To date, no swans have been harvested. GLIFWC would like to expand the current swan season by beginning the season
Sandhill Crane Season in the 1836 Treaty Area
GLIFWC proposes the addition of a sandhill crane hunting season in the 1836 Treaty Area. Currently, the
The proposed 2017-18 waterfowl hunting season regulations apply to all treaty areas (except where noted) for GLIFWC as follows:
Ducks
Season Dates: Begin
Daily Bag Limit: 50 ducks in the 1837 and 1842 Treaty Area; 30 ducks in the 1836 Treaty Area.
Mergansers
Season Dates: Begin
Daily Bag Limit: 10 mergansers.
Geese
Season Dates: Begin
Daily Bag Limit: 20 geese in aggregate.
Other Migratory Birds
A. Coots and Common Moorhens (Common Gallinules)
Season Dates: Begin
Daily Bag Limit: 20 coots and common moorhens (common gallinules), singly or in the aggregate.
Season Dates: Begin
Daily Bag and Possession Limits: 20, singly, or in the aggregate, 25.
C. Common Snipe
Season Dates: Begin
Daily Bag Limit: 16 common snipe.
Season Dates: Begin
Daily Bag Limit: 10 woodcock.
Season Dates: Begin
Daily Bag Limit: 15 mourning doves.
F. Sandhill Cranes: 1837 and 1842 Ceded Territories Only
Season Dates: Begin
Daily Bag Limit: 2 cranes and no seasonal bag limit in the 1837 and 1842 Treaty areas; 1 crane with a seasonal bag limit of 3 in the1836 Treaty area.
G. Swans: 1837 and 1842 Ceded Territories Only
Season Dates: Begin
Daily Bag Limit: 2 swans. All harvested swans must be registered by presenting the fully-feathered carcass to a tribal registration station or GLIFWC warden. If the total number of trumpeter swans harvested reaches 10, the swan season will be closed by emergency tribal rule.
General Conditions
A. All tribal members will be required to obtain a valid tribal waterfowl hunting permit.
B. Except as otherwise noted, tribal members will be required to comply with tribal codes that will be no less restrictive than the model ceded territory conservation codes approved by Federal courts in the Lac Courte Oreilles v.
C. Particular regulations of note include:
1. Nontoxic shot will be required for all waterfowl hunting by tribal members.
2. Tribal members in each zone will comply with tribal regulations providing for closed and restricted waterfowl hunting areas. These regulations generally incorporate the same restrictions contained in parallel State regulations.
3. There are no possession limits, with the exception of 2 swans (in the aggregate) and 25 rails (in the aggregate). For purposes of enforcing bag limits, all migratory birds in the possession and custody of tribal members on ceded lands will be considered to have been taken on those lands unless tagged by a tribal or State conservation warden as taken on reservation lands. All migratory birds that fall on reservation lands will not count as part of any off-reservation bag or possession limit.
4. The baiting restrictions included in the respective section 10.05(2)(h) of the model ceded territory conservation codes will be amended to include language which parallels that in place for nontribal members as published at 64 FR 29799,
5. There are no shell limit restrictions.
6. 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 (see #8 below for further information). 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.
7. An experimental application of electronic calls will be implemented 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 an 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, after which a full evaluation would be completed.
8. 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, after which a full evaluation would be completed.
We propose to approve the above GLIFWC regulations for the 2017-18 hunting season.
(f)
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 2017-18 waterfowl and
During the
The proposed regulations are essentially the same as were established last year. The Tribe anticipates the maximum 2017-18 waterfowl harvest would be around 300 ducks and 30 geese.
We propose to approve the Tribe's requested 2017-18 hunting seasons.
(g)
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 nontribal member seasons described below pertain to a 176-acre waterfowl management unit and 800 acres of reservation land with a guide for waterfowl hunting. The Tribe is utilizing this opportunity to rehabilitate an area that needs protection because of past land use practices, as well as to provide additional waterfowl hunting in the area. Beginning in 1996, the requested regulations also included a proposal for Kalispel-member-only migratory bird hunting on Kalispel-ceded lands within
For the 2017-18 migratory bird hunting seasons, the
For nontribal hunters on Tribally managed lands, the Tribe requests the seasons open at the earliest possible date and remain open, for the maximum amount of open days. Specifically, the Tribe requests a season for ducks run
For nontribal hunters on Tribally managed lands, the Tribe also requests a season for geese run
The Tribe reports past nontribal harvest of 1.5 ducks per day. Under the proposal, the Tribe expects harvest to be similar to last year, that is, fewer than 100 geese and 200 ducks.
All other State and Federal regulations contained in 50 CFR part 20, such as use of nontoxic shot and possession of a signed migratory bird hunting and conservation stamp, would be required.
For tribal members on Kalispel-ceded lands, the
The Tribe reports that there was no tribal harvest. Under the proposal, the Tribe expects harvest to be fewer than 200 birds for the season with fewer than 100 geese. Tribal members would be required to possess a signed Federal migratory bird stamp and a tribal ceded lands permit.
We propose to approve the regulations requested by the
(h)
The Klamath Tribe currently has no reservation, per se. However, the
For the 2017-18 seasons, the Tribe requests proposed season dates of
Based on the number of birds produced in the
We propose to approve those 2017-18 special migratory bird hunting regulations.
(i)
The Leech Lake Band of Ojibwe is a federally recognized Tribe located in
For the 2017-18 season, the Tribe requests a duck season starting on
The annual harvest by tribal members on the
We propose to approve the
(j)
The Little River Band of Ottawa Indians is a self-governing, federally recognized Tribe located in
For the 2017-18 season, the
For coots and gallinules, the Tribe proposes a
For white-fronted geese, snow geese, and brant, the Tribe proposes a
For Canada geese only, the Tribe proposes a
For snipe, woodcock, rails, and mourning doves, the Tribe proposes a
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 2017-18 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
We plan to approve
(k) The
The Little Traverse Bay Bands of Odawa Indians (LTBB) is a self-governing, federally recognized Tribe located in
For the 2017-18 season, we have not yet heard from the
For Canada geese, the LTBB usually proposes a
For woodcock, the LTBB usually proposes a
The LTBB also usually proposes a sandhill crane season to begin
All other Federal regulations contained in 50 CFR part 20 would apply.
Harvest surveys from 2014-15 hunting season indicated that approximately 10 hunters harvested 10 different waterfowl species totaling 69 birds. No sandhill cranes were reported harvested during the 2014-15 season. The LTBB usually proposes to monitor harvest closely through game bag checks, patrols, and mail surveys. In particular, the LTBB usually proposes monitoring the harvest of
We propose to approve the
(l)
The
For the 2017-18 migratory bird hunting season, the
The Tribe's proposed nontribal-member
For tribal members, the
The Tribe's proposed
In the 2013-14 season, nontribal members harvested 641 geese and 1,616 ducks. In the 2013-14 season, duck harvest species composition was primarily mallard (67 percent), gadwall (5 percent), green-winged teal (7 percent), and wigeon (5 percent).
The Tribe anticipates a duck and goose harvest similar to those of the previous years. All basic Federal regulations contained in 50 CFR part 20, including the use of nontoxic shot, Migratory
We plan to approve the Tribe's requested regulations for the
(m)
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 the
For the 2017-18 season, we have yet to hear from the
For geese, the Tribe usually requests a season from
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
All Tribal hunters authorized to hunt migratory birds are required to obtain a tribal hunting permit from the
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
(n)
The Makah Indian Tribe and the Service have been cooperating to establish special regulations for migratory game birds on the
The Makah Indian Tribe proposes a duck and coot hunting season from
For geese, the Tribe proposes that the season open on
For band-tailed pigeons, the Tribe proposes that the season open
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 2017-18 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 miles of an occupied area.
(2) Hunters must be eligible, enrolled Makah tribal members and must carry their Indian Treaty Fishing and Hunting Identification Card while hunting. No tags or permits are required to hunt waterfowl.
(3) The
(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
(o)
Since 1985, we have established uniform migratory bird hunting regulations for tribal members and nonmembers on the
For the 2017-18 season, the Tribe requests the earliest opening dates and longest duck, mergansers, Canada geese, and coots seasons, and the same daily bag and possession limits allowed to Pacific Flyway States under final Federal frameworks for tribal and nontribal members.
For both mourning dove and band-tailed pigeons, the
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 Migratory
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 2017-18 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
(p)
Since 1991-92, the
For the 2017-18 season, the Tribe submitted a proposal requesting special migratory bird hunting regulations. For ducks, the Tribe proposal describes the general outside dates as being
For geese, the Tribe requests a season
For woodcock, the Tribe proposes a season
For mourning dove, the Tribe proposes a season
The Tribe proposes shooting hours be one-half hour before sunrise to one-half hour after sunset. Nontribal hunters hunting on the Reservation or on lands under the jurisdiction of the Tribe must comply with all
The Service proposes to approve the 2017-18 special migratory bird hunting regulations for the
(q) Point No Point Treaty Council Tribes,
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
For the 2017-18 season, the
For geese, the
For band-tailed pigeons, the
The Tribe anticipates a total harvest of fewer than 175 birds for the 2017-18 season. The tribal fish and wildlife enforcement officers have the authority to enforce these tribal regulations.
We propose to approve the
(r)
The Saginaw Tribe of Chippewa Indians is a federally recognized, self-governing
In a
For geese, coot, gallinule, sora, and
For woodcock and mourning dove, the Tribe proposes a season between
For sandhill crane, the Tribe proposes a season between
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 2017-18 special migratory bird hunting regulations for the
(s)
The Sault Ste. Marie Tribe of Chippewa Indians is a federally recognized, self-governing
The Tribe proposes special migratory bird hunting regulations. For ducks, mergansers, and common snipe, the Tribe proposes outside dates as
For geese, teal, coot, gallinule, sora, and
For woodcock, the Tribe proposes a season
For mourning dove, the Tribe proposes a season
In 2014, the total estimated waterfowl hunters were 266. All
The Service proposes to approve the request for 2017-18 special migratory bird hunting regulations for the
(t) Shoshone-Bannock Tribes,
Almost all of the
In a proposal for the 2017-18 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
The Tribes also request a continuous goose season with the maximum number of days and the same daily bag and possession limits permitted in
The Tribes request a common snipe season with the maximum number of days and the same daily bag and possession limits permitted in
Nontribal hunters must comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20 pertaining to shooting hours, use of steel shot, and manner of taking. Special regulations established by the Shoshone-Bannock Tribes also apply on the reservation.
We note that the requested regulations are nearly identical to those of last year, and we propose to approve them for the 2017-18 hunting season if the seasons' dates fall within the final Federal flyway frameworks (applies to nontribal hunters only).
(u)
Since 1996, the Service and the Point No Point Treaty Tribes, of which the
The Skokomish Tribe usually requests a duck and coot season from
For geese, the Tribe usually requests a season from
For mourning doves, band-tailed pigeon, and snipe, the Tribe usually requests a season from
All Tribal hunters authorized to hunt migratory birds are required to obtain a tribal hunting permit from the
The Tribe usually anticipates harvest to be fewer than 150 birds. The Skokomish Public Safety Office enforcement officers have the authority to enforce these migratory bird hunting regulations.
We propose to approve the
(v)
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
These proposed regulations would allow Tribal Members, spouses of Spokane Tribal Members, and first-generation descendants of a Spokane Tribal Member with a tribal permit and Federal Migratory
For the 2017-18 season, we have not yet received the Tribe's proposal. The Tribe usually requests to establish duck seasons that would run from
The Tribe usually proposes a season on geese starting
Based on the quantity of requests the
We propose to approve the
(w)
The Squaxin Island Tribe of
For the 2017-18 season, we have yet to hear from the
The Tribe usually proposes a season on geese starting
We propose to approve the Tribe's 2017-18 special migratory bird hunting regulations, upon receipt of their proposal.
(x)
The Stillaguamish Tribe of Indians and the Service have cooperated to establish special regulations for migratory game birds since 2001. For the 2017-18 season, the Tribe requests regulations to hunt all open and unclaimed lands under the Treaty of Point Elliott of
The Tribe proposes their duck (including mergansers and coot) and goose seasons run from
The Tribe proposes the snipe seasons run from
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
(y)
In 1996, the Service and the
For the 2017-18 season, the
The Tribe proposes the snipe season run from
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 2017-18 special migratory bird hunting regulations.
(z)
The Tulalip Tribes are the successors in interest to the Tribes and bands signatory to the Treaty of Point Elliott of
For ducks, mergansers, coot, and snipe, the Tribe proposes seasons for tribal members from
For geese, tribal members propose a season from
All hunters on Tulalip Tribal lands are required to adhere to shooting hour regulations set at one-half hour before sunrise to sunset, special tribal permit requirements, and a number of other tribal regulations enforced by the Tribe. Each nontribal hunter 16 years of age and older hunting pursuant to Tulalip Tribes' Ordinance No. 67 must possess a valid Federal Migratory
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
(aa)
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
For the 2017-18 season, the Tribe requests a duck season starting
The Tribe proposes a goose season from
The Tribe proposes a mourning dove season
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 2017-18 special migratory bird hunting regulations.
(bb)
The Wampanoag Tribe of
For the 2017-18 season, we have not yet heard from the Tribe. The Tribe usually proposes a duck season of
For sea ducks, the Tribe usually proposes a season between
For Canada geese, the Tribe usually requests a season
For woodcock, the Tribe usually proposes a season
Prior to 2012, the Tribe had 22 registered tribal hunters and estimates harvest to be no more than 15 geese, 25 mallards, 25 teal, 50 black ducks, and 50 of all other species combined. Tribal members hunting on the Reservation will observe all basic Federal migratory bird hunting regulations found in 50 CFR part 20. The Tribe requires hunters to register with the Harvest Information Program.
If we receive a proposal that matches the Tribe's usual request, we propose to approve those 2017-18 special migratory bird hunting regulations.
(cc)
The White Earth Band of Ojibwe is a federally recognized tribe located in northwest
For the 2017-18 migratory bird hunting season, the
For coots, the Tribe proposes a
Based on past harvest surveys, the Tribe anticipates harvest of 1,000 to 2,000 Canada geese and 1,000 to 1,500 ducks.
We propose to approve the Tribe's 2017-18 special migratory bird hunting regulations.
(dd)
The White Mountain Apache Tribe owns all reservation lands, and the Tribe has recognized full wildlife management authority. As in past years, the
The hunting zone for waterfowl is restricted and is described as: The length of the
For nontribal and tribal hunters, the Tribe proposes a continuous duck, coot, merganser, gallinule, and moorhen hunting season, with an opening date of
For geese, the Tribe proposes a season from
Season dates for band-tailed pigeons and mourning doves would start
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
We plan to approve the
Public Comments
The Department of the Interior's policy is, whenever possible, to afford the public an opportunity to participate in the rulemaking process. Accordingly, we invite interested persons to submit written comments, suggestions, or recommendations regarding the proposed regulations. Before promulgating final migratory game bird hunting regulations, we will consider all comments we receive. These comments, and any additional information we receive, may lead to final regulations that differ from these proposals.
You may submit your comments and materials concerning this proposed rule by one of the methods listed in ADDRESSES. We will not accept comments sent by email or fax. We will not consider hand-delivered comments that we do not receive, or mailed comments that are not postmarked, by the date specified in DATES.
We will post all comments in their entirety--including your personal identifying information--on http://www.regulations.gov. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on http://www.regulations.gov, or by appointment, during normal business hours, at the
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
* National Environmental Policy Act (NEPA) Consideration;
* Endangered Species Act Consideration;
* Regulatory Flexibility Act;
* Small Business Regulatory Enforcement Fairness Act;
* Paperwork Reduction Act of 1995;
* Unfunded Mandates Reform Act;
* Executive Orders 12630, 12866, 12988, 13132, 13175, 13211, 13563, and 13771.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife.
The rules that eventually will be promulgated for the 2017-18 hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742 a-j.
Dated:
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-17722 Filed 8-21-17;
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