81 FR 62404 - Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2016-17 Season
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 175 (September 9, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 175 (September 9, 2016)
| Page Range | 62404-62418 | |
| FR Document | 2016-21739 |
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)] [Rules and Regulations] [Pages 62404-62418] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21739] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 [Docket No. FWS-HQ-MB-2015-0034; FF09M21200-167-FXMB1231099BPP0] RIN 1018-BA70 Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2016-17 Season AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule prescribes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off- reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions. DATES: This rule takes effect on September 9, 2016. ADDRESSES: You may inspect comments received on the special hunting regulations and Tribal proposals during normal business hours at U.S. Fish and Wildlife Headquarters, 5275 Leesburg Pike, Falls Church, VA 22041-3803, or at http://www.regulations.gov at Docket No. FWS-HQ-MB- 2015-0034. FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife Service, Department of the Interior, MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041-3803; (703) 358-1967. SUPPLEMENTARY INFORMATION: Background The Migratory Bird Treaty Act of July 3, 1918 (16 U.S.C. 703 et seq.), authorizes and directs the Secretary of the Department of the Interior, having due regard for the zones of temperature and for the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory game birds, to determine when, to what extent, and by what means such birds or any part, nest, or egg thereof may be taken, hunted, captured, killed, possessed, sold, purchased, shipped, carried, exported, or transported. In the May 27, 2016, Federal Register (81 FR 34226), we proposed special migratory bird hunting regulations for the 2016-17 hunting season for certain Indian tribes, under the guidelines described in the June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to tribal requests for Service recognition of their reserved hunting rights, and for some tribes, recognition of their authority to regulate hunting by both tribal members and nonmembers on their reservations. The guidelines include possibilities for: (1) On-reservation hunting by both tribal members and nonmembers, with hunting by nontribal members on some reservations to take place within Federal frameworks but on dates different from those selected by the surrounding State(s); (2) On-reservation hunting by tribal members only, outside of usual Federal frameworks for season dates and length, and for daily bag and possession limits; and (3) Off-reservation hunting by tribal members on ceded lands, outside of usual framework dates and season length, with some added flexibility in [[Page 62405]] daily bag and possession limits. In all cases, the regulations established under the guidelines must be consistent with the March 10- September 1 closed season mandated by the 1916 Migratory Bird Treaty with Canada. In the August 6, 2015, Federal Register (80 FR 47388), we requested that tribes desiring special hunting regulations in the 2016-17 hunting season submit a proposal including details on: (1) Harvest anticipated under the requested regulations; (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 (August 18, 1988, Federal Register [53 FR 31612]). The final rule described here is the final in the series of proposed and final rulemaking documents for Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2016-17 Season. It sets hunting seasons, hours, areas, and limits for migratory game bird species on reservations and ceded territories. This final rule is the culmination of the rulemaking process for the Tribal migratory game bird hunting seasons, which started with the August 6, 2015, proposed rule. As discussed elsewhere in this document, we proposed special migratory bird hunting regulations for the 2016-17 hunting season for certain Indian tribes, on May 27, 2016. This final rule sets the Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2016-17 Season. 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, was discussed in the December 11, 2015, Federal Register (80 FR 77088) and 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 2016-17 migratory bird hunting season, we proposed regulations for 23 Tribes or Indian groups that followed the 1985 guidelines and were considered appropriate for final rulemaking. We noted in the May 27 proposed rule that we were proposing seasons for seven Tribes who have submitted proposals in past years but from whom we had not yet received proposals this year. We did not receive proposals from five of those Tribes and, therefore, have not included them in this final rule. No other changes were made to this final rule. The comment period for the May 27 proposed rule closed on June 27, 2016. We received nine comments on our May 27 proposed rule, which announced proposed seasons for migratory bird hunting by American Indian Tribes. Similar comments were combined below. Written Comments: The Village of Hobart requested we explore Wisconsin Department of Natural Resource (WIDNR) guidelines for hunting and fishing, and consider the following: (1) Cease our Migratory Bird Program as an unnecessary and costly replication of State hunting and fishing guidelines; and/or (2) rescind section (p) of the proposed rule specific to the Oneida Nation where their tribal lands are significantly less than 10 percent of the municipal boundary. The Village also expressed concern that during the hunting season tribal members could potentially trespass on land in the Village or on/around the Austin Straubel Airport. Service Response: We have approved of Oneida Nation's proposed regulations, or regulations similar to those proposed, since 1991. To our knowledge, this is only the second time that the Village has opposed these special migratory bird hunting regulations. Also, to our knowledge, there have been no indications of conflicts (e.g., arrests for trespass, etc.) on these lands during Oneida Nation's hunting season since their inception in 1991. Similarly, we note that the Airport property is a fenced and secured facility so potential conflict is unlikely. Lastly, we disagree with the Village's assertions that the Oneida Reservation has been disestablished or diminished. Our position is consistent with the Department calling an election for the Oneida Nation under Section 18 of the Indian Reorganization Act (``IRA'') and the Department's subsequent approval of its constitution under the IRA in 1936. Most recently in May 2016, the Department's Interior Board of Indian Appeals (IBIA) reaffirmed its earlier ruling that the Oneida Nation was organized in accordance with the IRA. Dillenburg v. Midwest Regional Director, Bureau of Indian Affairs,63 IBIA 56, (2016); see also, Village of Hobart v. Acting Midwest Regional Director,57 IBIA 4, (2013). For these reasons, we have decided to finalize Oneida's regulations as proposed. We encourage both the Village and Oneida to meet with us before special tribal regulations for the 2017-18 season are proposed in early 2017 if they still have questions related to the status of Oneida reservation and treaty rights; and to address any perceived conflicts with Oneida's hunting activity. Written Comments: We received one comment from the Great Lakes Indian Fish and Wildlife Commission (GLIFWC) on the May 27 proposed rule. GLIFWC comments that we have maintained that confusion on the part of the public, law enforcement, and other reasons justify our denial of the tribes' proposal to use electronic calls to hunt migratory birds, and GLIFWC contends that the courts have ruled that tribal treaty rights can be limited only when and if they can be shown to be detrimental to the conservation of natural resources or represent a threat to human health and safety. GLIFWC believes that, contrary to case law, we continue to apply inappropriate constraints and an unfounded rationale in our consideration of the tribes' proposal. GLFWC gives specific examples of this from the commentary in the proposed rule, which included:In the discussion regarding the proposed use of electronic calls, we state, ``we do not believe that allowing the use of electronic calls . . . is in the best interest of the conservation of migratory birds.'' This statement is made without providing any evidence of the negative impacts to migratory bird resource that might be caused by the highly limited application of this technique that the tribes proposed. We also state that electronic calls ``are not generally considered a legitimate component of hunting.'' This is a cultural statement made through a lens that views the harvest of migratory birds as a sport activity. It has no place in the evaluation of tribal subsistence regulations (as ``legitimacy'' is an ethical consideration that is not consistent with biological impact), and this language continues to be offensive to the tribes. We also state that we remain very concerned that the use of electronic calls would ``lead to confusion on the [[Page 62406]] part of the public, wildlife management agencies, and law enforcement officials.'' Again, no evidence is provided to support this concern (and the fact that a wide range of tribal harvesting regulations have differed from those for State hunters for decades without ``confusion'' is overlooked). It also disregards the case law on treaty rights that ``confusion'' is not a valid reason to restrict the treaty-rights exercise, even if it should exist. GLFWC also believes the proposed rule falls short of meeting the Service's responsibility to the tribes in other ways as well. For example, we state that the Service ``continue[s] to be concerned about the large biological uncertainty surrounding any widespread use of electronic calls,'' and yet rejected a very limited experimental application of electronic calls that could provide the very evidence needed to reduce that uncertainty. No acceptable alternative to the tribes' proposal was suggested. The Service indicated that ``discussions are ongoing'' with the tribes over various management issues; however, the Service made no effort to engage in government-to- government consultation with the tribes about the season proposal before publishing the proposed rule. Lack of government-to-government consultation on a regulation directly affecting tribal interests constitutes an agency action contravening Executive Order 13175, a memorandum to Federal agencies by President Obama reaffirming Executive Order 13175, and official policy of the Department of the Interior and the Service, and is contrary to the 2011 Service Tribal Consultation Handbook. Notably, the Service rejected provisions regarding baiting, trapping, and hunting at night without providing any discussion, any evidence of biological or safety impacts, or making any effort to consult with the tribes on these issues--despite the recent ruling by the Seventh Circuit in the Lac Courte Oreille case and the above- mentioned Executive Order and department- and agency-level policies. GLIFWC requests that we issue a final rule that approves the tribes' original proposal for migratory bird harvesting in the 1837 and 1842 ceded territories. If we have legitimate natural resource, or public health or safety, concerns about the tribes' proposal, the tribes would welcome the opportunity to discuss those concerns in greater detail. However, as described above, GLIFWC asserts that the justification provided in the proposed rule does not appear to support a denial of the tribes' proposal. Service Response: The GLIFWC 2016-17 proposal has one specific proposed change from regulations approved last season: in the 1837 and 1842 Treaty Areas, the GLIFWC proposal would allow the use of electronic calls. GLIFWC's proposal also mentions developing regulations to allow for the night hunting and baiting of waterfowl, and the trapping of migratory birds. However, no specificity or development timetable is contained in their proposal. Thus, we will largely defer our response to those latter items until the appropriate time. However, we hope to continue discussions with GLIFWC in the near future on these important issues. GLIFWC states that the specific proposed regulatory changes are intended to provide tribal members a harvest opportunity within the scope of rights reserved in their various treaties and increase tribal subsistence harvest opportunities, while protecting migratory bird populations. Under the GLIFWC's proposed regulations, GLIFWC expects total ceded territory harvest to be approximately 1,650 ducks, 375 geese, 20 sandhill cranes, and 20 swans, which 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, and 2012) indicate that tribal off-reservation waterfowl harvest has averaged fewer than 1,100 ducks and 250 geese annually. Two sandhill cranes were reported harvested in each of the first three tribal crane seasons (2014-16). In the latest survey year for which we have specific results (2012), an estimated 86 hunters took an estimated 1,090 trips and harvested 1,799 ducks (1.7 ducks per trip) and 822 geese. Analysis of hunter survey data over 1996-2012 indicates a general downward trend in both harvest and hunter participation. We note that GLIFWC also mentions a 2015 hunter survey that has not yet been completed. GLIFWC cites United States v. Bresette (D.Minn. 1991) and Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Wisconsin (7th Cir. 2014) as cases that the Migratory Bird Treaty Act (MBTA) does not abrogate their treaty rights, and that the Service should permit the use of electronic calls, baiting, night hunting, and trapping as they have either specifically proposed this year (electronic calls) or have proposed developing regulations allowing for future implementation (baiting, night hunting, and trapping). While we agree that the MBTA does not abrogate the tribe's treaty rights, we disagree with GLIFWC's conclusion that the tribe is therefore entitled to use electronic calls, baiting, night hunting, and trapping. We still retain the authority to reasonably regulate the manner of take for migratory bird hunting on ceded lands. For example, the Bresette case involved a defense to a criminal prosecution and did not address the issue of the manner in which tribal members were permitted to take birds. Similarly in the Lac Courte Oreilles case, the 7th Circuit required the State of Wisconsin to justify its rationale for safety concerns prohibiting the night hunting of deer when other surrounding States allowed for deer night hunting. We believe this case is distinguishable in that no night waterfowl hunting is currently allowed anywhere, nor has it ever been allowed in the past. Further, night deer hunting uses spotlights that enable hunters to specifically identify intended targets. Waterfowl are much smaller targets than deer, and hunters should be required to reasonably identify their target to avoid the unintentional take of non-game species. Shooting at night makes target identification impractical and would significantly increase the potential take of non-game and other protected birds, including the potential take of threatened and endangered species. In addition to conservation concerns relating to the unintentional take of protected species, we have also continually cited significant safety concerns related to migratory bird hunting outside of the normal allowed shooting hours. Normally, shooting hours for migratory game birds are one-half hour before sunrise to sunset. Potential impacts to hunter safety, difficulty of identifying birds, retrieval of downed birds, and impacts on law enforcement are some of the concerns we have raised when discussing potential expansions of shooting hours. In 2012, in deference to tribal traditions and in the interest of cooperation, and in spite of our previously identified concerns regarding species identification, retrieval of downed birds, hunter safety, and law enforcement impacts, we approved shooting 30 minutes after sunset (an extension of 15 minutes from the then-current 15 minutes after sunset) (77 FR 54451, September 5, 2012). This was consistent with other Tribes in the general area (Fond du Lac, Leech Lake, Oneida, Sault Ste Marie, and White Earth). However, we stated in 2014 (79 FR 52226, September 3, 2014) that any further [[Page 62407]] extension of shooting hours on either the front end or the back end of the day would be contrary to public safety and would only heighten our previously identified safety and conservation concerns. We are unaware of any other migratory bird hunting that occurs more than 30 minutes after sunset. Thus, we conclude that for safety and conservation concerns, it is appropriate for us to deny GLIFWC's proposed request to develop regulations allowing the night hunting of waterfowl. Regarding GLIWFC's request to develop regulations allowing the baiting of waterfowl and the trapping of migratory birds, as we noted above, the lack of specificity or a development timetable in their proposal makes this request difficult to adequately respond to at this time. We do not believe that a large-scale discussion of the merits and practicality, or lack thereof, of such practices is appropriate at this time, but would rather have further discussions with GLIFWC on these issues. Thus, we will defer our response to these items until such appropriate time. Further discussion on allowing the use of electronic calls is contained below. Allowing Electronic Calls As we have stated the last 5 years (76 FR 54676, September 1, 2011; 77 FR 54451, September 5, 2012; 78 FR 53218, August 28, 2013; 79 FR 52226, September 3, 2014; 80 FR 52663, September 1, 2015), the issue of allowing electronic calls and other electronic devices for migratory game bird hunting has been highly debated and highly controversial over the last 40 years, similar to other prohibited hunting methods such as baiting. Electronic calls, i.e., the use or aid of recorded or electronic amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds to lure or attract migratory game birds to hunters, was Federally prohibited in 1957, because of their effectiveness in attracting and aiding the harvest of ducks and geese and are generally not considered a legitimate component of hunting. In 1999, after much debate, the migratory bird regulations were revised to allow the use of electronic calls for the take of light geese (lesser snow geese and Ross geese) during a light-goose-only season when all other waterfowl and crane hunting seasons, excluding falconry, were closed (64 FR 7507, February 16, 1999; 64 FR 71236, December 20, 1999; 73 FR 65926, November 5, 2008). The regulations were also changed in 2006, to allow the use of electronic calls for the take of resident Canada geese during Canada-goose-only September seasons when all other waterfowl and crane seasons, excluding falconry, were closed (71 FR 45964, August 10, 2006). In both instances, these changes were made in order to significantly increase the take of these species due to serious population overabundance, habitat degradation due to high populations, depredation issues, or public health and safety issues, or a combination of these. In our previous responses on this issue, we discussed available information from the use of electronic calls during the special light- goose seasons its applicability to most waterfowl species. We have also provided information to GLIWFC regarding the availability of using electronic calls for resident Canada geese in early-September or during special light-goose seasons when all other waterfowl seasons are closed. To our knowledge, GLIFWC members have not utilized electronic calls during either the special light-goose season or the early- September resident Canada goose season. We note that these opportunities would seem to provide a perfect opportunity to gauge not only hunter interest and participation, but the effectiveness of the methodology. Further, 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. The Treaty areas of Michigan, Minnesota, and Wisconsin covered by GLIWFC's proposal are a large area subject to widely varying degrees of hunting pressure. These factors logically lead us to a large degree of uncertainty surrounding any widespread use of electronic calls in such an area. Additionally, we remained concerned that tribal waterfowl hunting covered by GLIFWC's proposal would occur on ceded lands that are not in the ownership of the Tribes. We continue to believe that the use of electronic calls to take waterfowl would likely lead to significantly increased confusion on the part of the public, wildlife-management agencies, and law-enforcement officials in implementing the requirements of 50 CFR part 20. Further, similar to the impacts of baiting, uncertainties concerning the zone of influence attributed to the use of electronic calls could potentially increase harvest from nontribal hunters operating within areas electronic calls are being used during the dates of the general hunt. Lastly, and perhaps most importantly, GLIFWC has repeatedly stated that tribal hunter participation is low, and that the proposals for electronic calls are intended to increase migratory bird hunting participation and harvest by tribal members. While we also have concerns over hunter-participation numbers and a common desire to increase hunter recruitment and retention of not only tribal hunters but migratory bird sport hunters, GLIFWC has not defined these goals nor presented any evidence that their proposals would help achieve this intended goal. Further, GLIWFC has provided no evidence or data that tribal migratory bird hunting has increased because of recently proposed and implemented harvest liberalizations over the past few years (increased bag limits; removal of species restrictions; increased shooting hours; longer seasons; implementation of tundra swan, sandhill crane, and dove seasons; removal of possession limits; and removal of shot-shell limits); nor any evidence that the cause of low tribal hunter interest in hunting migratory birds is due to restrictive harvest regulations. Likewise, GLIFWC has not shown that they have utilized electronic calls for existing goose seasons where they may be used (discussed above) in an effort to increase hunter interest, participation, and harvest. Many State and Federal wildlife agencies, as well as other nongovernmental organizations, have devoted considerable resources to the topic of hunter recruitment and retention. However, the most recent research indicates that changes in hunting regulations are not very effective in recruiting hunters. Thus, given this research information and the lack of evidence that GLIFWC's proposals will help achieve their stated objective, we cannot justify the acceptance of the inherent risks to migratory bird conservation associated with this proposal at this time. However, we would be glad to review any data or information GLIWFC may have that would help address these concerns and we would welcome opportunities to work with GLIFWC on our common desire to increase hunter recruitment and retention. Notwithstanding our concerns, we understand GLIFWC's position on this issue, their desire to increase tribal hunter opportunity, harvest, and participation, and the importance that GLIFWC has ascribed to these issues. In our recent discussions with them over the past year or more, they have expressed a willingness to work with us to further discuss these issues, all the uncertainties and difficulties surrounding them, and the overall Federal-Tribal process for addressing these and other such issues. As a first step in this process, we have begun work on a memorandum of [[Page 62408]] understanding that further defines and clarifies the overall process, the administrative roles and responsibilities, and the communications process between us. However, this process is only the first step and we are not yet at a point in these discussions that would allow our approval of this proposal, or any such proposal. Further, it would be premature at this time to approve such a measure, or any such measure, until we finalize the Federal-Tribal process, roles, and responsibilities for addressing this and other such issues. It is our hope that over the next year, we can continue these discussions. We remain hopeful that we can reach a mutually agreeable resolution. Thus, at this time, removal of the electronic-call prohibition, even with the GLIFWC's proposed limited and experimental design, would be inconsistent with our long-standing conservation concerns, and we do not support allowing the use of electronic calls in the 1837 and 1842 Treaty Areas for any open waterfowl season Written Comments: The Wisconsin Department of Natural Resources (WIDNR) and the Mississippi Flyway Council (MFC) expressed opposition to GLIFWC's proposal allowing the use of electronic calls, night hunting and baiting for waterfowl, and the trapping of migratory birds. Both expressed continued concerns about the potential negative impacts to local waterbird populations, the increased potential for take of nongame species, the incompatibility with Federal and State waterfowl management, public safety, potential user conflicts, law-enforcement problems, and the potential to place non-tribal hunters in violation of migratory game bird hunting regulations. Both further questioned GLIFWC's justification for proposed additional hunting methods to achieve an objective of increased migratory-bird-hunting participation by tribal members in the absence of evidence. However, the MFC welcomed opportunities to work with GLIFWC on their common desire to increase hunter recruitment and retention. Service Response: We agree with the MFC and the WIDNR about continuing concerns over declining hunter participation and our common desire to increase hunter recruitment and retention of not only tribal hunters but migratory bird sport hunters. Many State and Federal wildlife agencies, as well as other nongovernmental organizations, have devoted considerable resources to this topic. However, we agree with the MFC that the most recent research indicates that changes in hunting regulations are not very effective in recruiting hunters. As we stated earlier, GLIFWC has repeatedly stated that tribal participation is low, but presents no evidence that tribal migratory bird hunting has increased because of recent liberalizations over the past few years, nor that tribal members have stated that restrictive regulations are the cause of low tribal hunter interest in hunting migratory birds. Given the lack of evidence that GLIFWC's proposals will help achieve their stated objective, we agree that there is no justification to accept the inherent risks to migratory bird conservation and public safety associated with GLIFWC's proposals. However, like the MFC, we would welcome opportunities to work with GLIFWC on our common desire to increase hunter recruitment and retention. Written Comments: Three commenters protested the entire migratory bird hunting regulations process, the killing of all migratory birds, and the status and habitat data on which the migratory bird hunting regulations are based. Two commenters believed certain migratory bird species such as sandhill cranes, woodcock, and mourning doves should not ever be hunted. Service Response: Our long-term objectives continue to include providing opportunities to harvest portions of certain migratory game bird populations and to limit harvests to levels compatible with each population's ability to maintain healthy, viable numbers. Further, there exists a long history of establishing hunting seasons for migratory game bird species such as waterfowl, cranes, woodcock, doves, and migratory shore and upland game birds. Tribes, such as those included in this final rule, have hunted these species before and since the inception of our establishment of migratory game bird hunting seasons. These seasons are culturally important to them, and applicable treaties allow for hunting of these species. Having taken into account the zones of temperature and the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory game birds, we believe that the hunting seasons provided for herein are compatible with the current status of migratory bird populations and long-term population goals. Additionally, we are obligated to, and do, give serious consideration to all information received as public comment. We continue to believe that the current Flyway-Council system of migratory bird management is one of the most longstanding, successful examples of State-Federal cooperative management since its establishment in 1952. Likewise, the establishment of special tribal migratory bird hunting regulations has been a successful Federal-Tribal partnership since 1988. However, as always, we continue to seek new ways to improve the process. National Environmental Policy Act (NEPA) The programmatic document, ``Second Final Supplemental Environmental Impact Statement: Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds (EIS 20130139),'' filed with the Environmental Protection Agency (EPA) on May 24, 2013, addresses NEPA compliance by the Service for issuance of the annual framework regulations for hunting of migratory game bird species. We published a notice of availability in the Federal Register on May 31, 2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR 45376). We also address NEPA compliance for waterfowl hunting frameworks through the annual preparation of separate environmental assessments, the most recent being ``Duck Hunting Regulations for 2016- 17,'' with its corresponding January 2016 finding of no significant impact. In addition, an August 1985 environmental assessment entitled ``Guidelines for Migratory Bird Hunting Regulations on Federal Indian Reservations and Ceded Lands'' is available from the person indicated under the caption FOR FURTHER INFORMATION CONTACT. Endangered Species Act Consideration Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), provides that, ``The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this Act'' (and) shall ``insure that any action authorized, funded, or carried out * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat. * * *.'' Consequently, we conducted formal consultations to ensure that actions resulting from these regulations would not likely jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitat. Findings from these consultations are included in a biological opinion, which concluded that the regulations are not likely to jeopardize the continued existence of [[Page 62409]] any endangered or threatened species. Additionally, these findings may have caused modification of some regulatory measures previously proposed, and the final frameworks reflect any such modifications. Our biological opinions resulting from this section 7 consultation are public documents available for public inspection at the address indicated under ADDRESSES. Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) will review all significant rules. OIRA has reviewed this rule and has determined that this rule is significant because it would have an annual effect of $100 million or more on the economy. Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. An updated economic analysis was prepared for the 2013-14 season. This analysis was based on data from the newly released 2011 National Hunting and Fishing Survey, the most recent year for which data are available (see discussion in Regulatory Flexibility Act section below). This analysis estimated consumer surplus for three alternatives for duck hunting (estimates for other species are not quantified due to lack of data). The alternatives were: (1) Issue restrictive regulations allowing fewer days than those issued during the 2012-13 season, (2) issue moderate regulations allowing more days than those in alternative 1, and (3) issue liberal regulations identical to the regulations in the 2012-13 season. For the 2013-14 season, we chose Alternative 3, with an estimated consumer surplus across all flyways of $317.8-$416.8 million. For the 2016-17 season, we have also chosen alternative 3. We also chose alternative 3 for the 2009-10, the 2010-11, the 2011-12, the 2012-13, the 2014-15, and the 2015-16 seasons. The 2013-14 analysis is part of the record for this rule and is available at http://www.regulations.gov at Docket No. FWS-HQ-MB-2015-0034. Regulatory Flexibility Act The annual migratory bird hunting regulations have a significant economic impact on substantial numbers of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the economic impacts of the annual hunting regulations on small business entities in detail as part of the 1981 cost-benefit analysis. This analysis was revised annually from 1990-95. In 1995, the Service issued a Small Entity Flexibility Analysis (Analysis), which was subsequently updated in 1996, 1998, 2004, 2008, and 2013. The primary source of information about hunter expenditures for migratory game bird hunting is the National Hunting and Fishing Survey, which is conducted at 5- year intervals. The 2013 Analysis was based on the 2011 National Hunting and Fishing Survey and the U.S. Department of Commerce's County Business Patterns, from which it was estimated that migratory bird hunters would spend approximately $1.5 billion at small businesses in 2013. Copies of the Analysis are available upon request from the person listed under FOR FURTHER INFORMATION CONTACT, from our Web site at http://www.fws.gov/migratorybirds, or at http://www.regulations.gov at Docket No. FWS-HQ-MB-2015-0034. Small Business Regulatory Enforcement Fairness Act This rule is a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. For the reasons outlined above, this rule will have an annual effect on the economy of $100 million or more. However, because this rule establishes hunting seasons, we are not deferring the effective date under the exemption contained in 5 U.S.C. 808(1). Paperwork Reduction Act This final rule does not contain any new information collection that requires approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. OMB has reviewed and approved the information collection requirements associated with migratory bird surveys and assigned the following OMB control numbers: 1018-0019--North American Woodcock Singing Ground Survey (expires 5/31/2018). 1018-0023--Migratory Bird Surveys (expires 6/30/2017). Includes Migratory Bird Harvest Information Program, Migratory Bird Hunter Surveys, Sandhill Crane Survey, and Parts Collection Survey. Unfunded Mandates Reform Act We have determined and certify, in compliance with the requirements of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State government or private entities. Therefore, this rule is not a ``significant regulatory action'' under the Unfunded Mandates Reform Act. Civil Justice Reform--Executive Order 12988 The Department, in promulgating this rule, has determined that this rule will not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988. Takings Implication Assessment In accordance with Executive Order 12630, this rule, authorized by the Migratory Bird Treaty Act (16 U.S.C. 703-711), does not have significant takings implications and does not affect any constitutionally protected property rights. This rule will not result in the physical occupancy of property, the physical invasion of property, or the regulatory taking of any property. In fact, this rule allows hunters to exercise otherwise unavailable privileges and, therefore, reduces restrictions on the use of private and public property. Energy Effects--Executive Order 13211 Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. While this rule is a significant regulatory action under Executive Order 12866, it is not expected to adversely affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action and no Statement of Energy Effects is required. Government-to-Government Relationship With Tribes In accordance with the President's memorandum of April 29, 1994, ``Government-to-Government Relations with Native American Tribal Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated possible effects on Federally recognized Indian tribes and have [[Page 62410]] determined that there are no effects on Indian trust resources. However, in the August 6, 2015, Federal Register (80 FR 47388), we solicited proposals for special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2016-17 migratory bird hunting season. The resulting proposals were contained in a separate May 27, 2016, proposed rule (81 FR 34226). By virtue of these actions, we have consulted with affected Tribes. 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. Regulation 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, Tribes would have insufficient time to publicize the necessary regulations and procedures to their hunters. We therefore find that ``good cause'' exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and this rule will, therefore, take effect immediately upon publication. Accordingly, with each participating Tribe having had an opportunity to participate in selecting the hunting seasons desired for its reservation or ceded territory on those species of migratory birds for which open seasons are now prescribed, and consideration having been given to all other relevant matters presented, certain sections of title 50, chapter I, subchapter B, part 20, subpart K, are hereby amended as set forth below. List of Subjects in 50 CFR Part 20 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. Accordingly, part 20, subchapter B, chapter I of title 50 of the Code of Federal Regulations is amended as follows: PART 20--MIGRATORY BIRD HUNTING 0 1. The authority citation for part 20 continues to read as follows: Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Public Law 106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703. Note: The following hunting regulations provided for by 50 CFR 20.110 will not appear in the Code of Federal Regulations because of their seasonal nature. 0 2. Section 20.110 is revised to read as follows: Sec. 20.110 Seasons, limits, and other regulations for certain Federal Indian reservations, Indian Territory, and ceded lands. Unless specifically provided for below, all of the regulations contained in 50 CFR part 20 apply to the seasons listed herein. (a) [Reserved.] (b) Confederated Salish and Kootenai Tribes, Flathead Indian Reservation, Pablo, Montana (Tribal Members and Nontribal Hunters). Tribal Members Only Ducks (Including Mergansers) Season Dates: Open September 1, 2016, through March 9, 2017. 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 October 1, 2016, through January 8, 2017, and open January 14 through 18, 2017. Scaup Season Dates: Open October 1 through December 25, 2016. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, two pintail, three scaup (when open), two 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 25, respectively. Geese Dark Geese Season Dates: Open October 1, 2016, through January 8, 2017, and open January 14 through 18, 2017. Daily Bag and Possession Limits: 4 and 12, respectively. Light Geese Season Dates: Same as for dark geese. Daily Bag and Possession Limits: 20 and 60, respectively. 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 one-half hour before sunrise to one-half hour after sunset, and each waterfowl hunter 16 years of age or older must carry on his/her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Special regulations established by the Confederated Salish and Kootenai Tribes also apply on the reservation. (c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, Minnesota (Tribal Members Only). Ducks 1854 and 1837 Ceded Territories Season Dates: Begin September 10 and end November 30, 2016. Daily Bag Limit: 18 ducks, including no more than 12 mallards (only 3 of [[Page 62411]] which may be hens), 9 black ducks, 9 scaup, 9 wood ducks, 9 redheads, 9 pintails, and 9 canvasbacks. Reservation Season Dates: Begin September 1 and end November 30, 2016. Daily Bag Limit: 12 ducks, including no more than 8 mallards (only 2 of which may be hens), 6 black ducks, 6 scaup, 6 redheads, 6 pintails, 6 wood ducks, and 6 canvasbacks. Mergansers 1854 and 1837 Ceded Territories Season Dates: Begin September 10 and end November 30, 2016. Daily Bag Limit: 15 mergansers, including no more than 6 hooded mergansers. Reservation Season Dates: Begin September 1 and end November 30, 2016. Daily Bag Limit: 10 mergansers, including no more than 4 hooded mergansers. Canada Geese 1854 and 1837 Ceded Territories Season Dates: Begin September 1 and end November 30, 2016. Daily Bag Limit: 20 geese. Reservation Season Dates: Begin September 1 and end November 30, 2016. Daily Bag Limit: 20 geese. Coots and Common Moorhens (Common Gallinules) 1854 and 1837 Ceded Territories Season Dates: Begin September 10 and end November 30, 2016. Daily Bag Limit: 20 coots and common moorhens, singly or in the aggregate. Reservation Season Dates: Begin September 1 and end November 30, 2016. Daily Bag Limit: 20 coots and common moorhens, singly or in the aggregate. Sandhill Cranes: 1854 and 1837 Ceded Territories Season Dates: Begin September 1 and end November 30, 2016. Daily Bag Limit: Two sandhill cranes. Crane carcass tags are required prior to hunting. Sora and Virginia Rails All Areas Season Dates: Begin September 1 and end November 30, 2016. Daily Bag Limit: 25 sora and Virginia rails, singly or in the aggregate. Common Snipe All Areas Season Dates: Begin September 1 and end November 30, 2016. Daily Bag Limit: Eight common snipe. Woodcock All Areas Season Dates: Begin September 1 and end November 30, 2016. Daily Bag Limit: Three woodcock. Mourning Doves All Areas Season Dates: Begin September 1 and end November 30, 2016. Daily Bag Limit: 30 mourning doves. General Conditions 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. (d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, Michigan (Tribal Members Only). Ducks Season Dates: Open September 1, 2016, through January 15, 2017. Daily Bag Limit: 25 ducks, which may include no more than 6 pintail, 4 canvasback, 6 black ducks, 1 hooded merganser, 6 wood ducks, 5 redheads, and 12 mallards (only 6 of which may be hens). Canada and Snow Geese Season Dates: Open September 1, 2016, through January 31, 2017. Daily Bag Limit: 10 geese. Other Geese (White-Fronted Geese and Brant) Season Dates: Open September 20 through December 30, 2016. Daily Bag Limit: Five geese. Sora Rails, Common Snipe, and Woodcock Season Dates: Open September 1 through November 14, 2016. Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock. Mourning Doves Season Dates: Open September 1 through November 14, 2016. Daily Bag Limit: 10 mourning doves. Sandhill Crane Season Dates: Open September 1 through November 14, 2016. Daily Bag Limit: Two sandhill crane, with a season limit of six. General Conditions: A valid Grand Traverse Band Tribal license is required and must be in possession before taking any wildlife. Shooting hours for migratory birds are one-half hour before sunrise to one-half hour after sunset. All other basic regulations contained in 50 CFR part 20 are valid. Other tribal regulations apply, and may be obtained at the tribal office in Suttons Bay, Michigan. (e) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin (Tribal Members Only). The 2016-17 waterfowl hunting season regulations apply to all treaty areas (except where noted): Ducks Season Dates: Begin September 1 and end December 31, 2016. Daily Bag Limit: 50 ducks in the 1837 and 1842 Treaty Area; 30 ducks in the 1836 Treaty Area. Mergansers Season Dates: Begin September 1 and end December 31, 2016. Daily Bag Limit: 10 mergansers. Geese Season Dates: Begin September 1 and end December 31, 2016. In addition, any portion of the ceded territory that is open to State- licensed hunters for goose hunting outside of these dates will also be open concurrently for tribal members. Daily Bag Limit: 20 geese in aggregate. [[Page 62412]] Other Migratory Birds Coots and Common Moorhens (Common Gallinules) Season Dates: Begin September 1 and end December 31, 2016. Daily Bag Limit: 20 coots and common moorhens (common gallinules), singly or in the aggregate. Sora and Virginia Rails Season Dates: Begin September 1 and end December 31, 2016. Daily Bag and Possession Limits: 20, singly, or in the aggregate, 25. Common Snipe Season Dates: Begin September 1 and end December 31, 2016. Daily Bag Limit: 16 common snipe. Woodcock Season Dates: Begin September 6 and end December 31, 2016. Daily Bag Limit: 10 woodcock. Mourning Dove 1837 and 1842 Ceded Territories Only Season Dates: Begin September 1 and end November 29, 2016. Daily Bag Limit: 15 mourning doves. Sandhill Cranes 1837 and 1842 Ceded Territories Only Season Dates: Begin September 1 and end December 31, 2016. Daily Bag Limit: 2 cranes. Swans 1837 and 1842 Ceded Territories Only Season Dates: Begin November 1 and end December 31, 2016. Daily Bag Limit: 2 swans. All harvested swans must be registered by presenting the fully-feathered carcass to a tribal registration station or GLIFWC warden. If the total number of trumpeter swans harvested reaches 10, the swan season will be closed by emergency tribal rule. General Conditions A. All tribal members are required to obtain a valid tribal waterfowl hunting permit. B. Except as otherwise noted, tribal members are required to comply with tribal codes that are 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. C. Particular regulations of note include: 1. Nontoxic shot is required for all waterfowl hunting by tribal members. 2. Tribal members in each zone must 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 are 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 do not count as part of any off-reservation bag or possession limit. 4. The baiting restrictions included in the respective section 10.05(2)(h) of the model ceded territory conservation codes will be amended to include language which parallels that in place for nontribal members as published at 64 FR 29799, June 3, 1999. 5. There are no shell limit restrictions. 6. Hunting hours are from 30 minutes before sunrise to 30 minutes after sunset. (f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New Mexico (Tribal Members and Nontribal Hunters). Ducks (Including Mergansers) Season Dates: Open October 8 through November 30, 2016. Daily Bag and Possession Limits: The daily bag limit is seven, including no more than two hen mallards, two pintail, two redheads, two canvasback, and three scaup. The possession limit is three times the daily bag limit. Canada Geese Season Dates: Open October 8 through November 30, 2016. 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 Jicarilla Tribe also apply on the reservation. (g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal Members and Nontribal Hunters). Nontribal Hunters on Reservation Geese Season Dates: Open September 10 through September 11, 2016; open September 17 through September 18, 2016; and open October 1, 2016, through January 20, 2017. During these period, days to be hunted are specified by the Kalispel Tribe. Nontribal hunters should contact the Tribe for more detail on hunting days. Daily Bag and Possession Limits: 5 Canada geese for the early season, and 3 light geese and 4 dark geese, for the late season. The daily bag limit is 2 brant (when the State's season is open) and is in addition to dark goose limits for the late-season. The possession limit is twice the daily bag limit. Ducks Season Dates: Open September 24, 2016, through January 8, 2017. Scaup Season Dates: Open September 24, 2016, through December 18, 2017. Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 2 pintail, 1 canvasback, 3 scaup (when open), and 2 redheads. The possession limit is twice the daily bag limit. Tribal Hunters Within Kalispel Ceded Lands Ducks Season Dates: Open October 10, 2016, through January 31, 2017. Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 2 pintail, 1 canvasback, 3 scaup, and 2 redheads. The possession limit is twice the daily bag limit. Geese Season Dates: Open September 10, 2016, through January 31, 2017. Daily Bag Limit: 6 light geese and 4 dark geese. The daily bag limit is 2 brant and is in addition to dark goose limits. General: Tribal members must possess a validated Migratory Bird Hunting and Conservation Stamp and a tribal ceded lands permit. (h) [Reserved.] (i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members Only). [[Page 62413]] Ducks Season Dates: Open September 17 through December 31, 2016. Daily Bag Limits: 10 ducks, including no more than 5 pintail, 5 canvasback, and 5 black ducks. Geese Season Dates: Open September 1 through December 31, 2016. Daily Bag Limits: 10 geese. General: Possession limits are twice the daily bag limits. Shooting hours are one-half hour before sunrise to one-half hour after sunset. Nontoxic shot is required. Use of live decoys, bait, and commercial use of migratory birds are prohibited. Waterfowl may not be pursued or taken while using motorized craft. (j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal Members Only). 1836 Ceded Territory and Tribal Reservation: Ducks Season Dates: Open September 9, 2016, through January 22, 2017. Daily Bag Limits: 12 ducks, including no more than 6 mallards (2 of which may be hens), 3 black ducks, 3 redheads, 3 wood ducks, 2 pintail, 1 hooded merganser, and 2 canvasback. Canada Geese Season Dates: Open September 1, 2016, through February 5, 2017. Daily Bag Limit: Five. White-fronted Geese, Brant, and Snow Geese Season Dates: Open September 7 through December 4, 2016. Daily Bag Limit: Five. Woodcock, Mourning Doves, Snipe, and Sora and Virginia Rails Season Dates: Open September 1 through November 13, 2016. Daily Bag Limit: 5 woodcock and 10 each of the other species. General conditions are as follows: A. All tribal members will be required to obtain a valid tribal resource card and 2016-17 hunting license. B. Except as modified by the Service rules adopted in response to this proposal, these amended regulations parallel all Federal regulations contained in 50 CFR part 20. Shooting hours will be from one-half hour before sunrise to sunset. C. Particular regulations of note include: (1) Nontoxic shot will be required for all waterfowl hunting by tribal members. (2) Tribal members in each zone will comply with tribal regulations providing for closed and restricted waterfowl hunting areas. These regulations generally incorporate the same restrictions contained in parallel State regulations. D. Tribal members hunting in Michigan will comply with tribal codes that contain provisions parallel to Michigan law regarding duck blinds and decoys. E. Possession limits are twice the daily bag limits. (k) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan (Tribal Members Only). Ducks Season Dates: Open September 1, 2016, through January 31, 2017. Daily Bag Limits: 20 ducks, including no more than 5 hen mallards, 5 black ducks, 5 redheads, 5 wood ducks, 5 pintail, 5 scaup, and 5 canvasback. Mergansers Season Dates: Open September 15, 2016, through January 31, 2017. Daily Bag Limits: 10 mergansers, including no more than 5 hooded mergansers. Coots and Gallinules Season Dates: Open September 15 through December 31, 2016. Daily Bag Limit: 20. Canada Geese Season Dates: Open September 1, 2016, through February 8, 2017. Daily Bag Limit: 20 in the aggregate. Sora and Virginia Rails Season Dates: Open September 1 through December 31, 2016. Daily Bag Limit: 20. Snipe Season Dates: Open September 1 through December 31, 2016. Daily Bag Limit: 16. Mourning Doves Season Dates: Open September 1 through November 14, 2016. Daily Bag Limit: 15. Woodcock Season Dates: Open September 1 through December 1, 2016. Daily Bag Limit: 10. Sandhill Cranes Season Dates: Open September 1 through December 1, 2016. Daily Bag Limit: 1. General: Possession limits are twice the daily bag limits. (l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, South Dakota (Tribal Members and Nontribal Hunters). Tribal Members Ducks, Mergansers, and Coots Season Dates: Open September 1, 2016, through March 10, 2017. Daily Bag and Possession Limits: Six ducks, including no more than two hen mallard and five mallards total, two pintail, two redheads, two canvasback, three wood ducks, three scaup, two bonus teal during the first 16 days of the season, and one mottled duck 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 September 1, 2016, through March 10, 2017. Daily Bag and Possession Limits: 6 and 18, respectively. White-Fronted Geese Season Dates: Open September 1, 2016, through March 10, 2017. Daily Bag and Possession Limits: Two and six, respectively. Light Geese Season Dates: Open September 1, 2016, through March 10, 2017. Daily Bag Limit: 20. Nontribal Hunters Ducks (Including Mergansers and Coots) Season Dates: Open October 8, 2016, through January 12, 2017. Daily Bag and Possession Limits: Six ducks, including five mallards (no more of which can be two hen mallard), three scaup, two 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 October 29, 2016, through February 12, 2017. Daily Bag and Possession Limits: 6 and 18, respectively. White-Fronted Geese Season Dates: Open October 29, 2016, through January 24, 2017. Daily Bag and Possession Limits: Two and six, respectively. Light Geese Season Dates: Open October 29, 2016, through February 12, 2017. Daily Bag and Possession Limits: 50 and no possession limit. [[Page 62414]] 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 and shooting hours. Nontribal hunters must possess a validated Migratory Bird Hunting and Conservation Stamp. The Lower Brule Sioux Tribe has an official Conservation Code that hunters must adhere to when hunting in areas subject to control by the Tribe. (m) [Reserved.] (n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members). Band-Tailed Pigeons Season Dates: Open September 17 through October 23, 2016. Daily Bag Limit: Two band-tailed pigeons. Ducks and Coots Season Dates: Open September 24, 2016, through January 29, 2017. Daily Bag Limit: Seven ducks including no more than five mallards (only two of which can be a hen), one redhead, one pintail, three scaup, and one canvasback. The seasons on wood duck and harlequin are closed. The coot daily bag limit is 25. Geese Season Dates: Open September 24, 2016, through January 29, 2017. Daily Bag Limit: Four, including no more than one brant. The seasons on Aleutian and dusky Canada geese are closed. General Conditions All other Federal regulations contained in 50 CFR part 20 apply. The following restrictions also apply: 1. As per Makah Ordinance 44, only shotguns may be used to hunt any species of waterfowl. Additionally, shotguns must not be discharged within 0.25 miles of an occupied area. 2. Hunters must be eligible, enrolled Makah tribal members and must carry their Indian Treaty Fishing and Hunting Identification Card while hunting. No tags or permits are required to hunt waterfowl. 3. The Cape Flattery area is open to waterfowl hunting, except in designated wilderness areas, or within 1 mile of Cape Flattery Trail, or in any area that is closed to hunting by another ordinance or regulation. 4. The use of live decoys and/or baiting to pursue any species of waterfowl is prohibited. 5. Steel or bismuth shot only for waterfowl is allowed; the use of lead shot is prohibited. 6. The use of dogs is permitted to hunt waterfowl. 7. Shooting hours for all species of waterfowl are one-half hour before sunrise to sunset. 8. Open hunting areas are: GMUs 601 (Hoko), a portion of the 602 (Dickey) encompassing the area north of a line between Norwegian Memorial and east to Highway 101, and 603 (Pysht). (o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and Nontribal Hunters). Band-Tailed Pigeons Season Dates: Open September 1 through September 30, 2016. Daily Bag and Possession Limits: 5 and 10 pigeons, respectively. Mourning Doves Season Dates: Open September 1 through September 30, 2016. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Ducks (Including Mergansers and Coots) Season Dates: Open September 24, 2016, through January 8, 2017. Scaup Season Dates: Open September 24 through December 18, 2016. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one mottled duck, two 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 September 24, 2016, through January 8, 2017. 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. (p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal Members Only). Ducks (Including Mergansers) Season Dates: Open September 17 through December 4, 2016. Daily Bag and Possession Limits: Six, including no more than six mallards (three hen mallards), six wood ducks, one redhead, two pintail, and one hooded merganser. The possession limit is twice the daily bag limit. Geese Season Dates: Open September 1 through December 31, 2016. Daily Bag and Possession Limits: 5 Canada geese with a possession limit of 10. A seasonal quota of 500 birds is adopted. If the quota is reached before the season concludes, the season will be closed at that time. Woodcock Season Dates: Open September 3 through November 6, 2016. Daily Bag and Possession Limits: Two and four woodcock, respectively. Doves Season Dates: Open September 3 through November 6, 2016. Daily Bag and Possession Limits: 10 and 20 doves, respectively. General Conditions: Tribal member shooting hours are one-half hour before sunrise to one-half hour after sunset. Nontribal members hunting on the Reservation or on lands under the jurisdiction of the Tribe must comply with all State of Wisconsin regulations, including season dates, shooting hours, and bag limits, which differ from tribal member seasons. Tribal members and nontribal members hunting on the Reservation or on lands under the jurisdiction of the Tribe will observe all basic Federal migratory bird hunting regulations found in 50 CFR part 20, with the following exceptions: Tribal members are exempt from the purchase of the Migratory Waterfowl Hunting and Conservation Stamp (Duck Stamp); and shotgun capacity is not limited to three shells. (q) Point No Point Treaty Council, Kingston, Washington (Tribal Members Only). Jamestown S'Klallam Tribe Ducks Season Dates: Open September 1, 2016, through March 10, 2017. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one pintail, one canvasback, four scoters, and two redheads. Possession limit is twice the daily bag limit. Bag and possession limits for harlequin ducks is one per season. Geese Season Dates: Open September 9, 2016, through March 10, 2017. Daily Bag and Possession Limits: Four geese, and may include no more than [[Page 62415]] three light geese. The season on dusky Canada geese is closed. Possession limit is twice the daily bag limit. Brant Season Dates: Open January 10 through January 25, 2017. Daily Bag and Possession Limits: Two and four, respectively. Coots Season Dates: Open September 13, 2016, through February 1, 2017. Daily Bag and Possession Limits: 25 and 50 coots, respectively. Mourning Doves Season Dates: Open September 13, 2016, through January 18, 2017. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Snipe Season Dates: Open September 13, 2016, through March 10, 2017. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. Band-Tailed Pigeons Season Dates: Open September 13, 2016, through January 18, 2017. Daily Bag and Possession Limits: Two and four pigeons, respectively. Port Gamble S'Klallam Tribe Ducks Season Dates: Open September 1, 2016, through March 10, 2017. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one pintail, one canvasback, four scoters, and two redheads. Possession limit is twice the daily bag limit. Bag and possession limits for harlequin ducks is one per season. Geese Season Dates: Open September 1, 2016, through March 10, 2017. Daily Bag and Possession Limits: Four geese, and may include no more than three light geese. The season on dusky Canada geese is closed. Possession limit is twice the daily bag limit. Brant Season Dates: Open November 9, 2016, through January 31, 2017. Daily Bag and Possession Limits: Two and four, respectively. Coots Season Dates: Open September 1, 2016, through March 10, 2017. Daily Bag and Possession Limits: 7 and 14 coots, respectively. Mourning Doves Season Dates: Open September 1, 2016, through January 31, 2017. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Snipe Season Dates: Open September 1, 2016, through March 10, 2017. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. Band-Tailed Pigeons Season Dates: Open September 1, 2016, through March 10, 2017. Daily Bag and Possession Limits: Two and four pigeons, respectively. General: Tribal members must possess a tribal hunting permit from the Point No Point Tribal Council pursuant to tribal law. Hunting hours are from one-half hour before sunrise to sunset. Hunters must observe all other basic Federal migratory bird hunting regulations in 50 CFR part 20. (r) The Saginaw Chippewa Indian Tribe of Michigan, Isabella Reservation, Mt. Pleasant, Michigan (Tribal Members Only) Mourning Doves Season Dates: Open September 1, 2016, through January 31, 2017. Daily Bag Limit: 25 doves. Ducks Season Dates: Open September 1, 2016, through January 31, 2017. Daily Bag Limits: 20, including no more than 5 hen mallard, 5 wood duck, 5 black duck, 5 pintail, 5 redhead, 5 scaup, and 5 canvasback. Mergansers Season Dates: Open September 1, 2016, through January 31, 2017. Daily Bag Limit: 10, including no more than 5 hooded mergansers. Canada Geese Season Dates: Open September 1, 2016, through January 31, 2017. Daily Bag Limit: 20 in the aggregate. Coots and Gallinule Season Dates: Open September 1, 2016, through January 31, 2017. Daily Bag Limit: 20 in the aggregate. Woodcock Season Dates: Open September 1, 2016, through January 31, 2017. Daily Bag Limits: 10. Common Snipe Season Dates: Open September 1, 2016, through January 31, 2017. Daily Bag Limits: 16. Sora and Virginia Rails Season Dates: Open September 1, 2016, through January 31, 2017. Daily Bag Limits: 20 in the aggregate. Sandhill Crane Season Dates: Open September 1, 2016, through January 31, 2017. Daily Bag Limits: One. General: 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 Sault Ste. Marie Tribe pursuant to tribal law. Shooting hours are one- half hour before sunrise until one-half hour after sunset. Hunters must observe all other basic Federal migratory bird hunting regulations in 50 CFR part 20. (s) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie, Michigan (Tribal Members Only). Mourning Doves Season Dates: Open September 1 through November 14, 2016. Daily Bag Limit: 10 doves. Teal Season Dates: Open September 1 through December 31, 2016. Daily Bag Limits: 20 in the aggregate Ducks Season Dates: Open September 15 through December 31, 2016. Daily Bag Limits: 20, including no more than 10 mallards (only 5 of which may be hens), 5 canvasback, 5 black duck, and 5 wood duck. Mergansers Season Dates: Open September 15 through December 31, 2016. Daily Bag Limit: 10 in the aggregate. Geese Season Dates: Open September 1 through December 31, 2016. Daily Bag Limit: 20 in the aggregate. Coots and Gallinule Season Dates: Open September 1 through December 31, 2016. Daily Bag Limit: 20 in the aggregate. Woodcock Season Dates: Open September 2 through December 1, 2016. Daily Bag Limits: 10. Common Snipe Season Dates: Open September 15 through December 31, 2016. Daily Bag Limits: 16. Sora and Virginia Rails Season Dates: Open September 1 through December 31, 2016. [[Page 62416]] Daily Bag Limits: 20 in the aggregate. General: 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 Sault Ste. Marie Tribe pursuant to tribal law. Shooting hours are one- half hour before sunrise until one-half hour after sunset. Hunters must observe all other basic Federal migratory bird hunting regulations in 50 CFR part 20. (t) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, Idaho (Nontribal Hunters). Ducks, Including Scaup Duck Season Dates: Open October 8, 2016, through January 20, 2017. Scaup Season Dates: Open October 8, 2016, through January 1, 2017. Daily Bag and Possession Limits: Seven ducks and mergansers, including no more than two hen mallards, two pintail, three scaup, two 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 October 8, 2016, through January 20, 2017. Daily Bag and Possession Limits: 4 and 12, respectively. White-Fronted Geese Season Dates: Open October 8, 2016, through January 20, 2017. Daily Bag and Possession Limits: 10 and 30, respectively. Light Geese Season Dates: Open October 8, 2016, through January 20, 2017. Daily Bag and Possession Limits: 20 and 60, 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. (u) [Reserved.] (v) Spokane Tribe of Indians, Spokane Indian Reservation and Ceded Lands, Wellpinit, Washington (Tribal Members Only). Ducks Season Dates: Open September 2, 2016, through January 31, 2017. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, two pintail, two canvasback, three scaup, and two redheads. Possession limit is twice the daily bag limit. Geese Season Dates: Open September 2, 2016, through January 31, 2017. Daily Bag and Possession Limits: Four dark geese and six light geese. Possession limit is twice the daily bag limit. General Conditions: All tribal hunters must have a valid Tribal identification card on his or her person while hunting. Shooting hours are one-half hour before sunrise to sunset, and steel shot is required for all migratory bird hunting. Hunters must observe all other basic Federal migratory bird hunting regulations in 50 CFR part 20. (w) [Reserved.] (x) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal Members Only). Common Snipe Season Dates: Open October 1, 2016, through January 31, 2017. Daily Bag and Possession Limits: 10 and 30, respectively. Ducks Season Dates: Open October 1, 2016, through March 10, 2017. Daily Bag and Possession Limits: 10 ducks. The possession limit is three times the daily bag limit. Coots Season Dates: Open October 1, 2016, through March 10, 2017. Daily Bag and Possession Limits: 25 coots. The possession limit is three times the daily bag limit. Geese Season Dates: Open October 1, 2016, through March 10, 2017. Daily Bag and Possession Limits: 6 and 18, respectively. The season on brant is closed. General Conditions: 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) Swinomish Indian Tribal Community, LaConner, Washington (Tribal Members Only). Ceded Territory and Swinomish Reservation Ducks and Mergansers Season Dates: Open September 1, 2016, through March 9, 2017. Daily Bag and Possession Limits: 20 and 40, respectively. Canada Geese Season Dates: Open September 1, 2016, through March 9, 2017. Daily Bag and Possession Limits: 10 and 20 geese, respectively. Brant Season Dates: Open September 1, 2016, through March 9, 2017. Daily Bag and Possession Limits: 5 and 10 brant, respectively. Coots Season Dates: Open September 1, 2016, through March 9, 2017. Daily Bag and Possession Limits: 25 and 75 coots, respectively. Mourning Dove Season Dates: Open September 1, 2016, through March 9, 2017. Daily Bag and Possession Limits: 15 and 30 mourning dove, respectively. Band-Tailed Pigeon Season Dates: Open September 1, 2016, through March 9, 2017. Daily Bag and Possession Limits: Three and six band-tailed pigeon, respectively. (z) The Tulalip Tribes of Washington, Tulalip Indian Reservation, Marysville, Washington (Tribal Members Only). Ducks and Mergansers Season Dates: Open September 1, 2016, through February 28, 2017. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, two pintail, two canvasback, three scaup, and two redheads. Possession limit is twice the daily bag limit. Geese Season Dates: Open September 1, 2016, through February 28, 2017. Daily Bag and Possession Limits: Seven geese, including no more than four cackling and dusky Canada geese. Possession limit is twice the daily bag limit. Brant Season Dates: Open September 1, 2016, through February 28, 2017. Daily Bag and Possession Limits: Two and four brant, respectively. [[Page 62417]] Coots Season Dates: Open September 1, 2016, through February 28, 2017. Daily Bag and Possession Limits: 25 and 25 coots, respectively. Snipe Season Dates: Open September 1, 2016, through February 28, 2017. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. General Conditions: All tribal hunters must have a valid Tribal identification card on his or her person while hunting. All nontribal hunters must obtain and possess while hunting a valid Tulalip Tribe hunting permit and be accompanied by a Tulalip Tribal member. Shooting hours are one-half hour before sunrise to sunset, and steel shot is required for all migratory bird hunting. Hunters must observe all other basic Federal migratory bird hunting regulations in 50 CFR part 20. (aa) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal Members Only). Mourning Doves Season Dates: Open September 1 through December 31, 2016. Daily Bag and Possession Limits: 12 and 15 mourning doves, respectively. Ducks Season Dates: Open October 1, 2016, through February 28, 2017. Daily Bag and Possession Limits: 15 and 20, respectively. Coots Season Dates: Open October 1, 2016, through February 15, 2017. Daily Bag and Possession Limits: 20 and 30, respectively. Geese Season Dates: Open October 1, 2016, through February 28, 2017. Daily Bag and Possession Limits: 7 and 10 geese, respectively. Brant Season Dates: Open November 1 through 10, 2016. Daily Bag and Possession Limits: Two and two, 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 15 minutes before official sunrise to 15 minutes after official sunset. (bb) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal Members Only). Teal Season Dates: Open October 10, 2016, through February 18, 2017. Daily Bag Limits: 10 teal. Ducks Season Dates: Open October 10, 2016, through February 18, 2017. 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 October 3, 2016, through February 18, 2017. 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 October 10 through November 26, 2016. Daily Bag Limits: Three woodcock. Canada Geese Season Dates: Open September 1 through 17, 2016, and open October 24, 2016, through February 18, 2017. Daily Bag Limits: Eight Canada geese. Snow Geese Season Dates: Open September 1 through 17, 2016, and open November 21, 2016, through February 20, 2017. Daily Bag Limits: 15 snow geese. Sora and Virginia Rails Season Dates: Open September 1 through November 5, 2016. Daily Bag Limits: 5 sora and 10 Virginia rails. Snipe Season Dates: Open September 1 through December 8, 2016. 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. (cc) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal Members Only). Ducks Season Dates: Open September 10 through December 18, 2016. Daily Bag Limit for Ducks: 10 ducks, including no more than 2 female mallards, 1 pintail, and 1 canvasback. Mergansers Season Dates: Open September 10 through December 18, 2016. Daily Bag Limit for Mergansers: Five mergansers, including no more than two hooded mergansers. Geese Season Dates: Open September 1 through December 15, 2016. Daily Bag Limit: 12 geese through September 23, and 5 thereafter. Coots Season Dates: Open September 1 through November 30, 2016. Daily Bag Limit: 20 coots. Snipe Season Dates: Open September 1 through November 30, 2016. Daily Bag Limit: 10 snipe. Mourning Dove Season Dates: Open September 1 through November 30, 2016. Daily Bag Limit: 25 mourning dove. Woodcock Season Dates: Open September 1 through November 30, 2016. Daily Bag Limit: 10 woodcock. Rail Season Dates: Open September 1 through November 30, 2016. Daily Bag Limit: 25 rail. General Conditions: Shooting hours are one-half hour before sunrise to one-half hour after sunset. Nontoxic shot is required. All other basic Federal migratory bird hunting regulations contained in 50 CFR part 20 will be observed. (dd) White Mountain Apache Tribe, Fort Apache Indian Reservation, Whiteriver, Arizona (Tribal Members and Nontribal Hunters). Band-Tailed Pigeons (Wildlife Management Unit 10 and Areas South of Y- 70 and Y-10 in Wildlife Management Unit 7, Only) Season Dates: Open September 1 through 15, 2016. Daily Bag and Possession Limits: Three and six pigeons, respectively. Mourning Doves (Wildlife Management Unit 10 and Areas South of Y-70 and Y-10 in Wildlife Management Unit 7, Only) Season Dates: Open September 1 through 15, 2016. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Ducks and Mergansers Season Dates: Open October 15, 2016, through January 29, 2017. [[Page 62418]] Scaup Season Dates: Open November 5, 2016, through January 29, 2017. Daily Bag Limits: Seven including no more than two redheads, two pintail, three scaup (when open), seven mallards (including no more than two hen mallards), and two canvasback. Possession Limits: Twice the daily bag limit. Coots Season Dates: Open October 15, 2016, through January 29, 2017. Daily Bag and Possession Limits: 25 and 50, respectively. Canada Geese Season Dates: Open October 15, 2016, through January 29, 2017. 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 White Mountain Apache Daily or Yearly Small Game Permit. In addition to a small game permit, all nontribal hunters hunting band-tailed pigeons must have in their possession a White Mountain Special Band-tailed Pigeon Permit. Other special regulations established by the White Mountain Apache Tribe apply on the reservation. Tribal and nontribal hunters will comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20 regarding shooting hours and manner of taking. Dated: August 31, 2016. Karen Hyun, Acting Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2016-21739 Filed 9-8-16; 8:45 am] BILLING CODE 4333-15-P
![62404 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
(g)(2)(G)(ii)(I)–(III).’’ Notably, AOA List of Subjects in 42 CFR Part 8 recognition of their authority to regulate
board certification is specifically listed Health professions, Methadone, hunting under established guidelines.
in 21 U.S.C. 823(g)(2)(G)(ii)(III), as Reporting and recordkeeping This rule allows the establishment of
amended by the Comprehensive requirements. season bag limits and, thus, harvest at
Addiction and Recovery Act of 2016 levels compatible with populations and
(CARA), Public Law 114–198. As a Accordingly, 42 CFR part 8 is habitat conditions.
result, the listing of AOAAM instead of corrected by making the following
DATES: This rule takes effect on
AOA was the result of a technical error correcting amendment:
September 9, 2016.
that needs to be corrected immediately. ADDRESSES: You may inspect comments
If this error is not immediately PART 8—MEDICATION ASSISTED
TREATMENT FOR OPIOID USE received on the special hunting
corrected, practitioners who have regulations and Tribal proposals during
received training from AOAAM, and DISORDERS
normal business hours at U.S. Fish and
who do not satisfy any of the other 1. The authority citation for part 8
■ Wildlife Headquarters, 5275 Leesburg
‘‘additional credentialing’’ requirements continues to read as follows: Pike, Falls Church, VA 22041–3803, or
under the final rule, may argue that they
Authority: 21 U.S.C. 823; 42 U.S.C. 257a, at http://www.regulations.gov at Docket
are eligible to increase their patient
290bb–2a, 290aa(d), 290dd–2, 300x–23, No. FWS–HQ–MB–2015–0034.
limit even though they do not possess
300x–27(a), 300y–11. FOR FURTHER INFORMATION CONTACT: Ron
the qualifications that HHS has deemed
necessary to dispense or prescribe ■ 2. In § 8.2, revise the definition of W. Kokel, U.S. Fish and Wildlife
relevant medications safely and Additional Credentialing to read as Service, Department of the Interior, MS:
effectively at the higher patient cap. In follows: MB, 5275 Leesburg Pike, Falls Church,
addition, the error has resulted in VA 22041–3803; (703) 358–1967.
§ 8.2 Definitions.
SAMHSA receiving numerous questions SUPPLEMENTARY INFORMATION:
seeking clarification regarding the * * * * *
Additional Credentialing means board Background
credentials that osteopathic providers
need to have in order to be eligible for certification in addiction medicine or The Migratory Bird Treaty Act of July
the higher patient limit. Failure to addiction psychiatry by the American 3, 1918 (16 U.S.C. 703 et seq.),
correct this error could, therefore, Board of Addiction Medicine, the authorizes and directs the Secretary of
significantly compromise the quality of American Board of Medical Specialties, the Department of the Interior, having
care delivered to patients in need of or the American Osteopathic due regard for the zones of temperature
MAT and could pose a substantial threat Association or certification by the and for the distribution, abundance,
to public safety. American Board of Addiction Medicine, economic value, breeding habits, and
The technical error at issue will or the American Society of Addiction times and lines of flight of migratory
therefore be fixed by removing the Medicine. game birds, to determine when, to what
reference to the ‘‘American Osteopathic * * * * * extent, and by what means such birds or
Academy of Addiction Medicine’’ in the Dated: September 2, 2016.
any part, nest, or egg thereof may be
final rule’s definition of ‘‘additional taken, hunted, captured, killed,
Wilma Robinson,
credentialing,’’ and inserting a reference possessed, sold, purchased, shipped,
Deputy Executive Secretary, U.S. Department carried, exported, or transported.
to the ‘‘American Osteopathic of Health and Human Services.
Association.’’ It should be noted that In the May 27, 2016, Federal Register
[FR Doc. 2016–21674 Filed 9–8–16; 8:45 am] (81 FR 34226), we proposed special
although reference was made to
BILLING CODE P migratory bird hunting regulations for
‘‘subspecialty board certification’’ by
AOA in the NPRM, the term the 2016–17 hunting season for certain
‘‘subspecialty’’ will not be included in Indian tribes, under the guidelines
the final rule’s definition of ‘‘additional DEPARTMENT OF THE INTERIOR described in the June 4, 1985, Federal
credentialing’’ because CARA amended Register (50 FR 23467). The guidelines
the Controlled Substances Act by Fish and Wildlife Service respond to tribal requests for Service
removing the term ‘‘subspecialty’’ from recognition of their reserved hunting
the description of AOA board 50 CFR Part 20 rights, and for some tribes, recognition
certification under 21 U.S.C. [Docket No. FWS–HQ–MB–2015–0034; of their authority to regulate hunting by
823(g)(2)(G)(ii)(III). CARA was enacted FF09M21200–167–FXMB1231099BPP0] both tribal members and nonmembers
on July 22, 2016, after the final rule was on their reservations. The guidelines
RIN 1018–BA70
published on July 8, 2016. As explained include possibilities for:
in the preamble of the final rule, HHS’s Migratory Bird Hunting; Migratory Bird (1) On-reservation hunting by both
reason for changing the definition of Hunting Regulations on Certain tribal members and nonmembers, with
‘‘board certification’’ in the NPRM to Federal Indian Reservations and hunting by nontribal members on some
‘‘additional credentialing’’ in the final Ceded Lands for the 2016–17 Season reservations to take place within Federal
rule was to ensure that the training frameworks but on dates different from
credentials described in 21 U.S.C. AGENCY: Fish and Wildlife Service, those selected by the surrounding
823(g)(2)(G)(ii)(I)–(III) (which include Interior. State(s);
AOA board certification) were included ACTION: Final rule. (2) On-reservation hunting by tribal
as eligible pathways for practicing at the members only, outside of usual Federal
higher patient cap. Therefore, the SUMMARY: This rule prescribes special frameworks for season dates and length,
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technical fix made to the definition of migratory bird hunting regulations for and for daily bag and possession limits;
‘‘additional credentialing’’ in the final certain Tribes on Federal Indian and
rule reflects HHS’s continuing intention reservations, off-reservation trust lands, (3) Off-reservation hunting by tribal
to include the type of training described and ceded lands. This rule responds to members on ceded lands, outside of
in 21 U.S.C. 823(g)(2)(G)(ii)(I)–(III), as tribal requests for U.S. Fish and Wildlife usual framework dates and season
amended by CARA. Service (hereinafter Service or we) length, with some added flexibility in
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![Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 62405
daily bag and possession limits. In all migratorybirds/ of its constitution under the IRA in
cases, the regulations established under NewsPublicationsReports.html. 1936. Most recently in May 2016, the
the guidelines must be consistent with Department’s Interior Board of Indian
Comments and Issues Concerning
the March 10–September 1 closed Appeals (IBIA) reaffirmed its earlier
Tribal Proposals
season mandated by the 1916 Migratory ruling that the Oneida Nation was
Bird Treaty with Canada. For the 2016–17 migratory bird organized in accordance with the IRA.
In the August 6, 2015, Federal hunting season, we proposed Dillenburg v. Midwest Regional
Register (80 FR 47388), we requested regulations for 23 Tribes or Indian Director, Bureau of Indian Affairs,63
that tribes desiring special hunting groups that followed the 1985 IBIA 56, (2016); see also, Village of
regulations in the 2016–17 hunting guidelines and were considered Hobart v. Acting Midwest Regional
season submit a proposal including appropriate for final rulemaking. We Director,57 IBIA 4, (2013). For these
details on: noted in the May 27 proposed rule that reasons, we have decided to finalize
(1) Harvest anticipated under the we were proposing seasons for seven Oneida’s regulations as proposed. We
requested regulations; Tribes who have submitted proposals in encourage both the Village and Oneida
(2) Methods that would be employed past years but from whom we had not to meet with us before special tribal
to measure or monitor harvest (such as yet received proposals this year. We did regulations for the 2017–18 season are
bag checks, mail questionnaires, etc.); not receive proposals from five of those proposed in early 2017 if they still have
(3) Steps that would be taken to limit Tribes and, therefore, have not included questions related to the status of Oneida
level of harvest, where it could be them in this final rule. No other changes reservation and treaty rights; and to
shown that failure to limit such harvest were made to this final rule. address any perceived conflicts with
would adversely impact the migratory The comment period for the May 27 Oneida’s hunting activity.
bird resource; and proposed rule closed on June 27, 2016. Written Comments: We received one
(4) Tribal capabilities to establish and We received nine comments on our May comment from the Great Lakes Indian
enforce migratory bird hunting 27 proposed rule, which announced Fish and Wildlife Commission
regulations. proposed seasons for migratory bird (GLIFWC) on the May 27 proposed rule.
No action is required if a tribe wishes hunting by American Indian Tribes. GLIFWC comments that we have
to observe the hunting regulations Similar comments were combined maintained that confusion on the part of
established by the State(s) in which an below. the public, law enforcement, and other
Indian reservation is located. We have Written Comments: The Village of reasons justify our denial of the tribes’
successfully used the guidelines since Hobart requested we explore Wisconsin proposal to use electronic calls to hunt
the 1985–86 hunting season. We Department of Natural Resource migratory birds, and GLIFWC contends
finalized the guidelines beginning with (WIDNR) guidelines for hunting and that the courts have ruled that tribal
the 1988–89 hunting season (August 18, fishing, and consider the following: (1) treaty rights can be limited only when
1988, Federal Register [53 FR 31612]). Cease our Migratory Bird Program as an and if they can be shown to be
The final rule described here is the unnecessary and costly replication of detrimental to the conservation of
final in the series of proposed and final State hunting and fishing guidelines; natural resources or represent a threat to
rulemaking documents for Migratory and/or (2) rescind section (p) of the human health and safety. GLIFWC
Bird Hunting Regulations on Certain proposed rule specific to the Oneida believes that, contrary to case law, we
Federal Indian Reservations and Ceded Nation where their tribal lands are continue to apply inappropriate
Lands for the 2016–17 Season. It sets significantly less than 10 percent of the constraints and an unfounded rationale
hunting seasons, hours, areas, and limits municipal boundary. The Village also in our consideration of the tribes’
for migratory game bird species on expressed concern that during the proposal. GLFWC gives specific
reservations and ceded territories. This hunting season tribal members could examples of this from the commentary
final rule is the culmination of the potentially trespass on land in the in the proposed rule, which included:
rulemaking process for the Tribal Village or on/around the Austin • In the discussion regarding the
migratory game bird hunting seasons, Straubel Airport. proposed use of electronic calls, we
which started with the August 6, 2015, Service Response: We have approved state, ‘‘we do not believe that allowing
proposed rule. As discussed elsewhere of Oneida Nation’s proposed the use of electronic calls . . . is in the
in this document, we proposed special regulations, or regulations similar to best interest of the conservation of
migratory bird hunting regulations for those proposed, since 1991. To our migratory birds.’’ This statement is
the 2016–17 hunting season for certain knowledge, this is only the second time made without providing any evidence of
Indian tribes, on May 27, 2016. This that the Village has opposed these the negative impacts to migratory bird
final rule sets the Migratory Bird special migratory bird hunting resource that might be caused by the
Hunting Regulations on Certain Federal regulations. Also, to our knowledge, highly limited application of this
Indian Reservations and Ceded Lands there have been no indications of technique that the tribes proposed.
for the 2016–17 Season. conflicts (e.g., arrests for trespass, etc.) • We also state that electronic calls
on these lands during Oneida Nation’s ‘‘are not generally considered a
Status of Populations hunting season since their inception in legitimate component of hunting.’’ This
Information on the status of waterfowl 1991. Similarly, we note that the Airport is a cultural statement made through a
and information on the status and property is a fenced and secured facility lens that views the harvest of migratory
harvest of migratory shore and upland so potential conflict is unlikely. Lastly, birds as a sport activity. It has no place
game birds, including detailed we disagree with the Village’s assertions in the evaluation of tribal subsistence
information on methodologies and that the Oneida Reservation has been regulations (as ‘‘legitimacy’’ is an ethical
ehiers on DSK5VPTVN1PROD with RULES
results, was discussed in the December disestablished or diminished. Our consideration that is not consistent with
11, 2015, Federal Register (80 FR position is consistent with the biological impact), and this language
77088) and is available at the address Department calling an election for the continues to be offensive to the tribes.
indicated under FOR FURTHER Oneida Nation under Section 18 of the • We also state that we remain very
INFORMATION CONTACT or from our Web Indian Reorganization Act (‘‘IRA’’) and concerned that the use of electronic
site at http://www.fws.gov/ the Department’s subsequent approval calls would ‘‘lead to confusion on the
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![62406 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
part of the public, wildlife management change from regulations approved last (baiting, night hunting, and trapping).
agencies, and law enforcement season: in the 1837 and 1842 Treaty While we agree that the MBTA does not
officials.’’ Again, no evidence is Areas, the GLIFWC proposal would abrogate the tribe’s treaty rights, we
provided to support this concern (and allow the use of electronic calls. disagree with GLIFWC’s conclusion that
the fact that a wide range of tribal GLIFWC’s proposal also mentions the tribe is therefore entitled to use
harvesting regulations have differed developing regulations to allow for the electronic calls, baiting, night hunting,
from those for State hunters for decades night hunting and baiting of waterfowl, and trapping. We still retain the
without ‘‘confusion’’ is overlooked). It and the trapping of migratory birds. authority to reasonably regulate the
also disregards the case law on treaty However, no specificity or development manner of take for migratory bird
rights that ‘‘confusion’’ is not a valid timetable is contained in their proposal. hunting on ceded lands. For example,
reason to restrict the treaty-rights Thus, we will largely defer our response the Bresette case involved a defense to
exercise, even if it should exist. to those latter items until the a criminal prosecution and did not
GLFWC also believes the proposed appropriate time. However, we hope to address the issue of the manner in
rule falls short of meeting the Service’s continue discussions with GLIFWC in which tribal members were permitted to
responsibility to the tribes in other ways the near future on these important take birds.
as well. For example, we state that the issues. Similarly in the Lac Courte Oreilles
Service ‘‘continue[s] to be concerned GLIFWC states that the specific case, the 7th Circuit required the State
about the large biological uncertainty proposed regulatory changes are of Wisconsin to justify its rationale for
surrounding any widespread use of intended to provide tribal members a safety concerns prohibiting the night
electronic calls,’’ and yet rejected a very harvest opportunity within the scope of hunting of deer when other surrounding
limited experimental application of rights reserved in their various treaties States allowed for deer night hunting.
electronic calls that could provide the and increase tribal subsistence harvest We believe this case is distinguishable
very evidence needed to reduce that opportunities, while protecting in that no night waterfowl hunting is
uncertainty. No acceptable alternative to migratory bird populations. Under the currently allowed anywhere, nor has it
the tribes’ proposal was suggested. The GLIFWC’s proposed regulations, ever been allowed in the past. Further,
Service indicated that ‘‘discussions are GLIFWC expects total ceded territory night deer hunting uses spotlights that
ongoing’’ with the tribes over various harvest to be approximately 1,650 enable hunters to specifically identify
management issues; however, the ducks, 375 geese, 20 sandhill cranes, intended targets. Waterfowl are much
Service made no effort to engage in and 20 swans, which is roughly similar smaller targets than deer, and hunters
government-to-government consultation to anticipated levels in previous years should be required to reasonably
with the tribes about the season for those species for which seasons were identify their target to avoid the
proposal before publishing the proposed established. GLIFWC further anticipates unintentional take of non-game species.
rule. Lack of government-to-government that tribal harvest will remain low given Shooting at night makes target
consultation on a regulation directly the small number of tribal hunters and identification impractical and would
affecting tribal interests constitutes an the limited opportunity to harvest more significantly increase the potential take
agency action contravening Executive than a small number of birds on most of non-game and other protected birds,
Order 13175, a memorandum to Federal hunting trips. including the potential take of
agencies by President Obama Recent GLIFWC harvest surveys threatened and endangered species.
reaffirming Executive Order 13175, and (1996–98, 2001, 2004, 2007–08, 2011, In addition to conservation concerns
official policy of the Department of the and 2012) indicate that tribal off- relating to the unintentional take of
Interior and the Service, and is contrary reservation waterfowl harvest has protected species, we have also
to the 2011 Service Tribal Consultation averaged fewer than 1,100 ducks and continually cited significant safety
Handbook. 250 geese annually. Two sandhill cranes concerns related to migratory bird
Notably, the Service rejected were reported harvested in each of the hunting outside of the normal allowed
provisions regarding baiting, trapping, first three tribal crane seasons (2014– shooting hours. Normally, shooting
and hunting at night without providing 16). In the latest survey year for which hours for migratory game birds are one-
any discussion, any evidence of we have specific results (2012), an half hour before sunrise to sunset.
biological or safety impacts, or making estimated 86 hunters took an estimated Potential impacts to hunter safety,
any effort to consult with the tribes on 1,090 trips and harvested 1,799 ducks difficulty of identifying birds, retrieval
these issues—despite the recent ruling (1.7 ducks per trip) and 822 geese. of downed birds, and impacts on law
by the Seventh Circuit in the Lac Courte Analysis of hunter survey data over enforcement are some of the concerns
Oreille case and the above-mentioned 1996–2012 indicates a general we have raised when discussing
Executive Order and department- and downward trend in both harvest and potential expansions of shooting hours.
agency-level policies. hunter participation. We note that In 2012, in deference to tribal traditions
GLIFWC requests that we issue a final GLIFWC also mentions a 2015 hunter and in the interest of cooperation, and
rule that approves the tribes’ original survey that has not yet been completed. in spite of our previously identified
proposal for migratory bird harvesting GLIFWC cites United States v. concerns regarding species
in the 1837 and 1842 ceded territories. Bresette (D.Minn. 1991) and Lac Courte identification, retrieval of downed birds,
If we have legitimate natural resource, Oreilles Band of Lake Superior hunter safety, and law enforcement
or public health or safety, concerns Chippewa Indians v. Wisconsin (7th Cir. impacts, we approved shooting 30
about the tribes’ proposal, the tribes 2014) as cases that the Migratory Bird minutes after sunset (an extension of 15
would welcome the opportunity to Treaty Act (MBTA) does not abrogate minutes from the then-current 15
discuss those concerns in greater detail. their treaty rights, and that the Service minutes after sunset) (77 FR 54451,
ehiers on DSK5VPTVN1PROD with RULES
However, as described above, GLIFWC should permit the use of electronic September 5, 2012). This was consistent
asserts that the justification provided in calls, baiting, night hunting, and with other Tribes in the general area
the proposed rule does not appear to trapping as they have either specifically (Fond du Lac, Leech Lake, Oneida, Sault
support a denial of the tribes’ proposal. proposed this year (electronic calls) or Ste Marie, and White Earth). However,
Service Response: The GLIFWC 2016– have proposed developing regulations we stated in 2014 (79 FR 52226,
17 proposal has one specific proposed allowing for future implementation September 3, 2014) that any further
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![62408 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
understanding that further defines and changes in hunting regulations are not longstanding, successful examples of
clarifies the overall process, the very effective in recruiting hunters. State–Federal cooperative management
administrative roles and As we stated earlier, GLIFWC has since its establishment in 1952.
responsibilities, and the repeatedly stated that tribal Likewise, the establishment of special
communications process between us. participation is low, but presents no tribal migratory bird hunting regulations
However, this process is only the first evidence that tribal migratory bird has been a successful Federal-Tribal
step and we are not yet at a point in hunting has increased because of recent partnership since 1988. However, as
these discussions that would allow our liberalizations over the past few years, always, we continue to seek new ways
approval of this proposal, or any such nor that tribal members have stated that to improve the process.
proposal. Further, it would be restrictive regulations are the cause of
low tribal hunter interest in hunting National Environmental Policy Act
premature at this time to approve such
migratory birds. Given the lack of (NEPA)
a measure, or any such measure, until
we finalize the Federal-Tribal process, evidence that GLIFWC’s proposals will The programmatic document,
roles, and responsibilities for addressing help achieve their stated objective, we ‘‘Second Final Supplemental
this and other such issues. It is our hope agree that there is no justification to Environmental Impact Statement:
that over the next year, we can continue accept the inherent risks to migratory Issuance of Annual Regulations
these discussions. We remain hopeful bird conservation and public safety Permitting the Sport Hunting of
that we can reach a mutually agreeable associated with GLIFWC’s proposals. Migratory Birds (EIS 20130139),’’ filed
resolution. However, like the MFC, we would with the Environmental Protection
Thus, at this time, removal of the welcome opportunities to work with Agency (EPA) on May 24, 2013,
electronic-call prohibition, even with GLIFWC on our common desire to addresses NEPA compliance by the
the GLIFWC’s proposed limited and increase hunter recruitment and Service for issuance of the annual
experimental design, would be retention. framework regulations for hunting of
inconsistent with our long-standing Written Comments: Three migratory game bird species. We
conservation concerns, and we do not commenters protested the entire published a notice of availability in the
support allowing the use of electronic migratory bird hunting regulations Federal Register on May 31, 2013 (78
calls in the 1837 and 1842 Treaty Areas process, the killing of all migratory FR 32686), and our Record of Decision
for any open waterfowl season birds, and the status and habitat data on on July 26, 2013 (78 FR 45376). We also
Written Comments: The Wisconsin which the migratory bird hunting address NEPA compliance for waterfowl
Department of Natural Resources regulations are based. Two commenters hunting frameworks through the annual
(WIDNR) and the Mississippi Flyway believed certain migratory bird species preparation of separate environmental
Council (MFC) expressed opposition to such as sandhill cranes, woodcock, and assessments, the most recent being
GLIFWC’s proposal allowing the use of mourning doves should not ever be ‘‘Duck Hunting Regulations for 2016–
electronic calls, night hunting and hunted. 17,’’ with its corresponding January
baiting for waterfowl, and the trapping Service Response: Our long-term 2016 finding of no significant impact. In
of migratory birds. Both expressed objectives continue to include providing addition, an August 1985 environmental
continued concerns about the potential opportunities to harvest portions of assessment entitled ‘‘Guidelines for
negative impacts to local waterbird certain migratory game bird populations Migratory Bird Hunting Regulations on
populations, the increased potential for and to limit harvests to levels Federal Indian Reservations and Ceded
take of nongame species, the compatible with each population’s Lands’’ is available from the person
incompatibility with Federal and State ability to maintain healthy, viable indicated under the caption FOR
waterfowl management, public safety, numbers. Further, there exists a long FURTHER INFORMATION CONTACT.
potential user conflicts, law- history of establishing hunting seasons
Endangered Species Act Consideration
enforcement problems, and the potential for migratory game bird species such as
to place non-tribal hunters in violation waterfowl, cranes, woodcock, doves, Section 7 of the Endangered Species
of migratory game bird hunting and migratory shore and upland game Act of 1973, as amended (16 U.S.C. 1531
regulations. Both further questioned birds. Tribes, such as those included in et seq.), provides that, ‘‘The Secretary
GLIFWC’s justification for proposed this final rule, have hunted these shall review other programs
additional hunting methods to achieve species before and since the inception of administered by him and utilize such
an objective of increased migratory-bird- our establishment of migratory game programs in furtherance of the purposes
hunting participation by tribal members bird hunting seasons. These seasons are of this Act’’ (and) shall ‘‘insure that any
in the absence of evidence. However, culturally important to them, and action authorized, funded, or carried out
the MFC welcomed opportunities to applicable treaties allow for hunting of * * * is not likely to jeopardize the
work with GLIFWC on their common these species. continued existence of any endangered
desire to increase hunter recruitment Having taken into account the zones species or threatened species or result in
and retention. of temperature and the distribution, the destruction or adverse modification
Service Response: We agree with the abundance, economic value, breeding of [critical] habitat. * * *.’’
MFC and the WIDNR about continuing habits, and times and lines of flight of Consequently, we conducted formal
concerns over declining hunter migratory game birds, we believe that consultations to ensure that actions
participation and our common desire to the hunting seasons provided for herein resulting from these regulations would
increase hunter recruitment and are compatible with the current status of not likely jeopardize the continued
retention of not only tribal hunters but migratory bird populations and long- existence of endangered or threatened
migratory bird sport hunters. Many term population goals. Additionally, we species or result in the destruction or
ehiers on DSK5VPTVN1PROD with RULES
State and Federal wildlife agencies, as are obligated to, and do, give serious adverse modification of their critical
well as other nongovernmental consideration to all information habitat. Findings from these
organizations, have devoted received as public comment. We consultations are included in a
considerable resources to this topic. continue to believe that the current biological opinion, which concluded
However, we agree with the MFC that Flyway-Council system of migratory that the regulations are not likely to
the most recent research indicates that bird management is one of the most jeopardize the continued existence of
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![62410 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
determined that there are no effects on publicize the necessary regulations and Coots
Indian trust resources. However, in the procedures to their hunters. We Season Dates: Same as ducks.
August 6, 2015, Federal Register (80 FR therefore find that ‘‘good cause’’ exists, Daily Bag and Possession Limits:
47388), we solicited proposals for within the terms of 5 U.S.C. 553(d)(3) of Same as ducks.
special migratory bird hunting the Administrative Procedure Act, and
regulations for certain Tribes on Federal this rule will, therefore, take effect Geese
Indian reservations, off-reservation trust immediately upon publication. Season Dates: Same as ducks.
lands, and ceded lands for the 2016–17 Accordingly, with each participating Daily Bag and Possession Limits:
migratory bird hunting season. The Tribe having had an opportunity to Same as ducks.
resulting proposals were contained in a participate in selecting the hunting
separate May 27, 2016, proposed rule seasons desired for its reservation or Nontribal Hunters
(81 FR 34226). By virtue of these ceded territory on those species of Ducks (Including Mergansers)
actions, we have consulted with affected migratory birds for which open seasons Season Dates: Open October 1, 2016,
Tribes. are now prescribed, and consideration through January 8, 2017, and open
Federalism Effects having been given to all other relevant January 14 through 18, 2017.
matters presented, certain sections of
Due to the migratory nature of certain title 50, chapter I, subchapter B, part 20, Scaup
species of birds, the Federal subpart K, are hereby amended as set Season Dates: Open October 1
Government has been given forth below.
responsibility over these species by the through December 25, 2016.
List of Subjects in 50 CFR Part 20 Daily Bag and Possession Limits:
Migratory Bird Treaty Act. We annually
Seven ducks, including no more than
prescribe frameworks from which the Exports, Hunting, Imports, Reporting two hen mallards, two pintail, three
States make selections regarding the and recordkeeping requirements, scaup (when open), two canvasback,
hunting of migratory birds, and we Transportation, Wildlife.
employ guidelines to establish special and two redheads. The possession limit
Accordingly, part 20, subchapter B, is three times the daily bag limit.
regulations on Federal Indian chapter I of title 50 of the Code of
reservations and ceded lands. This Federal Regulations is amended as Coots
process preserves the ability of the follows: Season Dates: Same as ducks.
States and tribes to determine which Daily Bag and Possession Limits: 25
seasons meet their individual needs. PART 20—MIGRATORY BIRD and 25, respectively.
Any State or Indian tribe may be more HUNTING
restrictive than the Federal frameworks Geese
at any time. The frameworks are ■ 1. The authority citation for part 20
Dark Geese
developed in a cooperative process with continues to read as follows:
the States and the Flyway Councils. Season Dates: Open October 1, 2016,
Authority: Migratory Bird Treaty Act, 40
This process allows States to participate Stat. 755, 16 U.S.C. 703–712; Fish and through January 8, 2017, and open
in the development of frameworks from Wildlife Act of 1956, 16 U.S.C. 742a–j; Public January 14 through 18, 2017.
which they will make selections, Law 106–108, 113 Stat. 1491, Note Following Daily Bag and Possession Limits: 4
thereby having an influence on their 16 U.S.C. 703. and 12, respectively.
own regulations. These rules do not Note: The following hunting regulations Light Geese
have a substantial direct effect on fiscal provided for by 50 CFR 20.110 will not
capacity, change the roles or appear in the Code of Federal Regulations Season Dates: Same as for dark geese.
responsibilities of Federal or State because of their seasonal nature. Daily Bag and Possession Limits: 20
governments, or intrude on State policy and 60, respectively.
■ 2. Section 20.110 is revised to read as General Conditions: Tribal and
or administration. Therefore, in follows: nontribal hunters must comply with all
accordance with Executive Order 13132,
basic Federal migratory bird hunting
these regulations do not have significant § 20.110 Seasons, limits, and other
regulations for certain Federal Indian regulations contained in 50 CFR part 20
federalism effects and do not have
reservations, Indian Territory, and ceded regarding manner of taking. In addition,
sufficient federalism implications to
lands. shooting hours are one-half hour before
warrant the preparation of a federalism
Unless specifically provided for sunrise to one-half hour after sunset,
summary impact statement.
below, all of the regulations contained and each waterfowl hunter 16 years of
Regulation Promulgation in 50 CFR part 20 apply to the seasons age or older must carry on his/her
The rulemaking process for migratory listed herein. person a valid Migratory Bird Hunting
game bird hunting must, by its nature, (a) [Reserved.] and Conservation Stamp (Duck Stamp)
operate under severe time constraints. (b) Confederated Salish and Kootenai signed in ink across the stamp face.
However, we intend that the public be Tribes, Flathead Indian Reservation, Special regulations established by the
given the greatest possible opportunity Pablo, Montana (Tribal Members and Confederated Salish and Kootenai
to comment. Thus, when the Nontribal Hunters). Tribes also apply on the reservation.
preliminary proposed rulemaking was (c) Fond du Lac Band of Lake
Tribal Members Only Superior Chippewa Indians, Cloquet,
published, we established what we
believed were the longest periods Ducks (Including Mergansers) Minnesota (Tribal Members Only).
possible for public comment. In doing Season Dates: Open September 1, Ducks
ehiers on DSK5VPTVN1PROD with RULES
this, we recognized that when the 2016, through March 9, 2017.
comment period closed, time would be Daily Bag and Possession Limits: The 1854 and 1837 Ceded Territories
of the essence. That is, if there were a Tribe does not have specific bag and Season Dates: Begin September 10
delay in the effective date of these possession restrictions for Tribal and end November 30, 2016.
regulations after this final rulemaking, members. The season on harlequin duck Daily Bag Limit: 18 ducks, including
Tribes would have insufficient time to is closed. no more than 12 mallards (only 3 of
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![62412 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
Other Migratory Birds exportation, and other conditions Stamp) signed in ink across the stamp
Coots and Common Moorhens generally applicable to migratory bird face. Special regulations established by
(Common Gallinules) hunting. They also automatically the Jicarilla Tribe also apply on the
incorporate by reference the Federal reservation.
Season Dates: Begin September 1 and migratory bird regulations. (g) Kalispel Tribe, Kalispel
end December 31, 2016. C. Particular regulations of note Reservation, Usk, Washington (Tribal
Daily Bag Limit: 20 coots and include: Members and Nontribal Hunters).
common moorhens (common 1. Nontoxic shot is required for all
gallinules), singly or in the aggregate. waterfowl hunting by tribal members. Nontribal Hunters on Reservation
Sora and Virginia Rails 2. Tribal members in each zone must Geese
comply with tribal regulations
Season Dates: Begin September 1 and providing for closed and restricted Season Dates: Open September 10
end December 31, 2016. waterfowl hunting areas. These through September 11, 2016; open
Daily Bag and Possession Limits: 20, regulations generally incorporate the September 17 through September 18,
singly, or in the aggregate, 25. same restrictions contained in parallel 2016; and open October 1, 2016,
State regulations. through January 20, 2017. During these
Common Snipe
3. There are no possession limits, period, days to be hunted are specified
Season Dates: Begin September 1 and with the exception of 2 swans (in the by the Kalispel Tribe. Nontribal hunters
end December 31, 2016. aggregate) and 25 rails (in the aggregate). should contact the Tribe for more detail
Daily Bag Limit: 16 common snipe. For purposes of enforcing bag limits, all on hunting days.
Woodcock migratory birds in the possession and Daily Bag and Possession Limits: 5
custody of tribal members on ceded Canada geese for the early season, and
Season Dates: Begin September 6 and
lands are considered to have been taken 3 light geese and 4 dark geese, for the
end December 31, 2016.
on those lands unless tagged by a tribal late season. The daily bag limit is 2
Daily Bag Limit: 10 woodcock.
or State conservation warden as taken brant (when the State’s season is open)
Mourning Dove on reservation lands. All migratory birds and is in addition to dark goose limits
that fall on reservation lands do not for the late-season. The possession limit
1837 and 1842 Ceded Territories Only
count as part of any off-reservation bag is twice the daily bag limit.
Season Dates: Begin September 1 and or possession limit.
end November 29, 2016. Ducks
4. The baiting restrictions included in
Daily Bag Limit: 15 mourning doves. the respective section 10.05(2)(h) of the Season Dates: Open September 24,
Sandhill Cranes model ceded territory conservation 2016, through January 8, 2017.
codes will be amended to include
1837 and 1842 Ceded Territories Only Scaup
language which parallels that in place
Season Dates: Begin September 1 and for nontribal members as published at Season Dates: Open September 24,
end December 31, 2016. 64 FR 29799, June 3, 1999. 2016, through December 18, 2017.
Daily Bag Limit: 2 cranes. 5. There are no shell limit restrictions. Daily Bag and Possession Limits: 7
6. Hunting hours are from 30 minutes ducks, including no more than 2 female
Swans before sunrise to 30 minutes after mallards, 2 pintail, 1 canvasback, 3
1837 and 1842 Ceded Territories Only sunset. scaup (when open), and 2 redheads. The
(f) Jicarilla Apache Tribe, Jicarilla possession limit is twice the daily bag
Season Dates: Begin November 1 and Indian Reservation, Dulce, New Mexico
end December 31, 2016. limit.
(Tribal Members and Nontribal
Daily Bag Limit: 2 swans. All Hunters). Tribal Hunters Within Kalispel Ceded
harvested swans must be registered by Lands
presenting the fully-feathered carcass to Ducks (Including Mergansers)
a tribal registration station or GLIFWC Ducks
Season Dates: Open October 8
warden. If the total number of trumpeter through November 30, 2016. Season Dates: Open October 10, 2016,
swans harvested reaches 10, the swan Daily Bag and Possession Limits: The through January 31, 2017.
season will be closed by emergency daily bag limit is seven, including no Daily Bag and Possession Limits: 7
tribal rule. more than two hen mallards, two ducks, including no more than 2 female
General Conditions pintail, two redheads, two canvasback, mallards, 2 pintail, 1 canvasback, 3
and three scaup. The possession limit is scaup, and 2 redheads. The possession
A. All tribal members are required to three times the daily bag limit. limit is twice the daily bag limit.
obtain a valid tribal waterfowl hunting
permit. Canada Geese Geese
B. Except as otherwise noted, tribal Season Dates: Open October 8 Season Dates: Open September 10,
members are required to comply with through November 30, 2016. 2016, through January 31, 2017.
tribal codes that are no less restrictive Daily Bag and Possession Limits: Two
than the model ceded territory Daily Bag Limit: 6 light geese and 4
and six, respectively.
conservation codes approved by Federal General Conditions: Tribal and dark geese. The daily bag limit is 2 brant
courts in the Lac Courte Oreilles v. State nontribal hunters must comply with all and is in addition to dark goose limits.
of Wisconsin (Voigt) and Mille Lacs basic Federal migratory bird hunting General: Tribal members must possess
ehiers on DSK5VPTVN1PROD with RULES
Band v. State of Minnesota cases. regulations in 50 CFR part 20 regarding a validated Migratory Bird Hunting and
Chapter 10 in each of these model codes shooting hours and manner of taking. In Conservation Stamp and a tribal ceded
regulates ceded territory migratory bird addition, each waterfowl hunter 16 lands permit.
hunting. Both versions of Chapter 10 years of age or older must carry on his/ (h) [Reserved.]
parallel Federal requirements as to her person a valid Migratory Bird (i) Leech Lake Band of Ojibwe, Cass
hunting methods, transportation, sale, Hunting and Conservation Stamp (Duck Lake, Minnesota (Tribal Members Only).
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![62414 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
General Conditions: All hunters must 7. Shooting hours for all species of (three hen mallards), six wood ducks,
comply with the basic Federal migratory waterfowl are one-half hour before one redhead, two pintail, and one
bird hunting regulations in 50 CFR part sunrise to sunset. hooded merganser. The possession limit
20, including the use of steel shot and 8. Open hunting areas are: GMUs 601 is twice the daily bag limit.
shooting hours. Nontribal hunters must (Hoko), a portion of the 602 (Dickey)
Geese
possess a validated Migratory Bird encompassing the area north of a line
Hunting and Conservation Stamp. The between Norwegian Memorial and east Season Dates: Open September 1
Lower Brule Sioux Tribe has an official to Highway 101, and 603 (Pysht). through December 31, 2016.
Conservation Code that hunters must (o) Navajo Nation, Navajo Indian Daily Bag and Possession Limits: 5
adhere to when hunting in areas subject Reservation, Window Rock, Arizona Canada geese with a possession limit of
to control by the Tribe. (Tribal Members and Nontribal 10. A seasonal quota of 500 birds is
(m) [Reserved.] Hunters). adopted. If the quota is reached before
(n) Makah Indian Tribe, Neah Bay, the season concludes, the season will be
Band-Tailed Pigeons closed at that time.
Washington (Tribal Members).
Season Dates: Open September 1 Woodcock
Band-Tailed Pigeons through September 30, 2016.
Season Dates: Open September 17 Daily Bag and Possession Limits: 5 Season Dates: Open September 3
through October 23, 2016. and 10 pigeons, respectively. through November 6, 2016.
Daily Bag Limit: Two band-tailed Daily Bag and Possession Limits: Two
Mourning Doves and four woodcock, respectively.
pigeons.
Season Dates: Open September 1 Doves
Ducks and Coots through September 30, 2016.
Season Dates: Open September 24, Daily Bag and Possession Limits: 10 Season Dates: Open September 3
2016, through January 29, 2017. and 20 doves, respectively. through November 6, 2016.
Daily Bag Limit: Seven ducks Daily Bag and Possession Limits: 10
including no more than five mallards Ducks (Including Mergansers and and 20 doves, respectively.
(only two of which can be a hen), one Coots) General Conditions: Tribal member
redhead, one pintail, three scaup, and Season Dates: Open September 24, shooting hours are one-half hour before
one canvasback. The seasons on wood 2016, through January 8, 2017. sunrise to one-half hour after sunset.
duck and harlequin are closed. The coot Nontribal members hunting on the
Scaup Reservation or on lands under the
daily bag limit is 25.
Season Dates: Open September 24 jurisdiction of the Tribe must comply
Geese through December 18, 2016. with all State of Wisconsin regulations,
Season Dates: Open September 24, Daily Bag and Possession Limits: including season dates, shooting hours,
2016, through January 29, 2017. Seven ducks, including no more than and bag limits, which differ from tribal
Daily Bag Limit: Four, including no two hen mallards, one mottled duck, member seasons. Tribal members and
more than one brant. The seasons on two canvasback, three scaup (when nontribal members hunting on the
Aleutian and dusky Canada geese are open), two redheads, and two pintail. Reservation or on lands under the
closed. Coot daily bag limit is 25. Merganser jurisdiction of the Tribe will observe all
daily bag limit is seven. The possession basic Federal migratory bird hunting
General Conditions regulations found in 50 CFR part 20,
limit is three times the daily bag limit.
All other Federal regulations with the following exceptions: Tribal
contained in 50 CFR part 20 apply. The Canada Geese members are exempt from the purchase
following restrictions also apply: Season Dates: Open September 24, of the Migratory Waterfowl Hunting and
1. As per Makah Ordinance 44, only 2016, through January 8, 2017. Conservation Stamp (Duck Stamp); and
shotguns may be used to hunt any Daily Bag and Possession Limits: 4 shotgun capacity is not limited to three
species of waterfowl. Additionally, and 12, respectively. shells.
shotguns must not be discharged within General Conditions: Tribal and (q) Point No Point Treaty Council,
0.25 miles of an occupied area. nontribal hunters will comply with all Kingston, Washington (Tribal Members
2. Hunters must be eligible, enrolled basic Federal migratory bird hunting Only).
Makah tribal members and must carry regulations in 50 CFR part 20, regarding Jamestown S’Klallam Tribe
their Indian Treaty Fishing and Hunting shooting hours and manner of taking. In
Identification Card while hunting. No addition, each waterfowl hunter 16 Ducks
tags or permits are required to hunt years of age or over must carry on his/ Season Dates: Open September 1,
waterfowl. her person a valid Migratory Bird 2016, through March 10, 2017.
3. The Cape Flattery area is open to Hunting and Conservation Stamp (Duck Daily Bag and Possession Limits:
waterfowl hunting, except in designated Stamp) signed in ink across the face. Seven ducks, including no more than
wilderness areas, or within 1 mile of Special regulations established by the two hen mallards, one pintail, one
Cape Flattery Trail, or in any area that Navajo Nation also apply on the canvasback, four scoters, and two
is closed to hunting by another reservation. redheads. Possession limit is twice the
ordinance or regulation. (p) Oneida Tribe of Indians of daily bag limit. Bag and possession
4. The use of live decoys and/or Wisconsin, Oneida, Wisconsin (Tribal limits for harlequin ducks is one per
baiting to pursue any species of Members Only). season.
ehiers on DSK5VPTVN1PROD with RULES
waterfowl is prohibited.
5. Steel or bismuth shot only for Ducks (Including Mergansers) Geese
waterfowl is allowed; the use of lead Season Dates: Open September 17 Season Dates: Open September 9,
shot is prohibited. through December 4, 2016. 2016, through March 10, 2017.
6. The use of dogs is permitted to Daily Bag and Possession Limits: Six, Daily Bag and Possession Limits: Four
hunt waterfowl. including no more than six mallards geese, and may include no more than
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![62416 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
Daily Bag Limits: 20 in the aggregate. (v) Spokane Tribe of Indians, Spokane shot or a nontoxic shot as required by
General: Possession limits are twice Indian Reservation and Ceded Lands, Federal regulations.
the daily bag limits except for rails, of Wellpinit, Washington (Tribal Members (y) Swinomish Indian Tribal
which the possession limit equals the Only). Community, LaConner, Washington
daily bag limit (20). Tribal members (Tribal Members Only). Ceded Territory
Ducks and Swinomish Reservation
must possess a tribal hunting permit
from the Sault Ste. Marie Tribe pursuant Season Dates: Open September 2,
Ducks and Mergansers
to tribal law. Shooting hours are one- 2016, through January 31, 2017.
half hour before sunrise until one-half Daily Bag and Possession Limits: Season Dates: Open September 1,
hour after sunset. Hunters must observe Seven ducks, including no more than 2016, through March 9, 2017.
all other basic Federal migratory bird two hen mallards, two pintail, two Daily Bag and Possession Limits: 20
hunting regulations in 50 CFR part 20. canvasback, three scaup, and two and 40, respectively.
(t) Shoshone-Bannock Tribes, Fort redheads. Possession limit is twice the Canada Geese
Hall Indian Reservation, Fort Hall, daily bag limit.
Season Dates: Open September 1,
Idaho (Nontribal Hunters). Geese 2016, through March 9, 2017.
Ducks, Including Scaup Daily Bag and Possession Limits: 10
Season Dates: Open September 2,
and 20 geese, respectively.
Duck Season Dates: Open October 8, 2016, through January 31, 2017.
2016, through January 20, 2017. Daily Bag and Possession Limits: Four Brant
Scaup Season Dates: Open October 8, dark geese and six light geese. Season Dates: Open September 1,
2016, through January 1, 2017. Possession limit is twice the daily bag 2016, through March 9, 2017.
Daily Bag and Possession Limits: limit. Daily Bag and Possession Limits: 5
Seven ducks and mergansers, including General Conditions: All tribal hunters and 10 brant, respectively.
no more than two hen mallards, two must have a valid Tribal identification
pintail, three scaup, two canvasback, card on his or her person while hunting. Coots
and two redheads. The possession limit Shooting hours are one-half hour before Season Dates: Open September 1,
is three times the daily bag limit. sunrise to sunset, and steel shot is 2016, through March 9, 2017.
required for all migratory bird hunting. Daily Bag and Possession Limits: 25
Coots Hunters must observe all other basic and 75 coots, respectively.
Season Dates: Same as ducks. Federal migratory bird hunting Mourning Dove
Daily Bag and Possession Limits: 25 regulations in 50 CFR part 20.
coots. The possession limit is three (w) [Reserved.] Season Dates: Open September 1,
times the daily bag limit. (x) Stillaguamish Tribe of Indians, 2016, through March 9, 2017.
Arlington, Washington (Tribal Members Daily Bag and Possession Limits: 15
Common Snipe and 30 mourning dove, respectively.
Only).
Season Dates: Same as ducks. Band-Tailed Pigeon
Daily Bag and Possession Limits: 8 Common Snipe
and 24 snipe, respectively. Season Dates: Open October 1, 2016, Season Dates: Open September 1,
through January 31, 2017. 2016, through March 9, 2017.
Canada Geese Daily Bag and Possession Limits:
Daily Bag and Possession Limits: 10
Season Dates: Open October 8, 2016, Three and six band-tailed pigeon,
and 30, respectively.
through January 20, 2017. respectively.
Daily Bag and Possession Limits: 4 Ducks (z) The Tulalip Tribes of Washington,
and 12, respectively. Season Dates: Open October 1, 2016, Tulalip Indian Reservation, Marysville,
through March 10, 2017. Washington (Tribal Members Only).
White-Fronted Geese
Daily Bag and Possession Limits: 10 Ducks and Mergansers
Season Dates: Open October 8, 2016, ducks. The possession limit is three Season Dates: Open September 1,
through January 20, 2017. times the daily bag limit. 2016, through February 28, 2017.
Daily Bag and Possession Limits: 10 Daily Bag and Possession Limits:
and 30, respectively. Coots
Seven ducks, including no more than
Season Dates: Open October 1, 2016, two hen mallards, two pintail, two
Light Geese
through March 10, 2017. canvasback, three scaup, and two
Season Dates: Open October 8, 2016, Daily Bag and Possession Limits: 25 redheads. Possession limit is twice the
through January 20, 2017. coots. The possession limit is three daily bag limit.
Daily Bag and Possession Limits: 20 times the daily bag limit.
and 60, respectively Geese
General Conditions: Nontribal hunters Geese
Season Dates: Open September 1,
must comply with all basic Federal Season Dates: Open October 1, 2016, 2016, through February 28, 2017.
migratory bird hunting regulations in 50 through March 10, 2017. Daily Bag and Possession Limits:
CFR part 20 regarding shooting hours Daily Bag and Possession Limits: 6 Seven geese, including no more than
and manner of taking. In addition, each and 18, respectively. The season on four cackling and dusky Canada geese.
waterfowl hunter 16 years of age or brant is closed. Possession limit is twice the daily bag
older must possess a valid Migratory General Conditions: Tribal members limit.
ehiers on DSK5VPTVN1PROD with RULES
Bird Hunting and Conservation Stamp hunting on lands will observe all basic
(Duck Stamp) signed in ink across the Federal migratory bird hunting Brant
stamp face. Other regulations regulations found in 50 CFR part 20, Season Dates: Open September 1,
established by the Shoshone–Bannock which will be enforced by the 2016, through February 28, 2017.
Tribes also apply on the reservation. Stillaguamish Tribal Law Enforcement. Daily Bag and Possession Limits: Two
(u) [Reserved.] Tribal members are required to use steel and four brant, respectively.
VerDate Sep<11>2014 15:26 Sep 08, 2016 Jkt 238001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\09SER1.SGM 09SER1](https://thefederalregister.org/doc/81_FR_62579/page/13.svg)
![62418 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
Scaup Canada Geese Mountain Special Band-tailed Pigeon
Season Dates: Open November 5, Permit. Other special regulations
Season Dates: Open October 15, 2016, established by the White Mountain
2016, through January 29, 2017. through January 29, 2017.
Daily Bag Limits: Seven including no Apache Tribe apply on the reservation.
more than two redheads, two pintail, Daily Bag and Possession Limits: Tribal and nontribal hunters will
three scaup (when open), seven Three and six Canada geese, comply with all basic Federal migratory
mallards (including no more than two respectively. bird hunting regulations in 50 CFR part
hen mallards), and two canvasback. General Conditions: All nontribal 20 regarding shooting hours and manner
Possession Limits: Twice the daily bag hunters hunting band-tailed pigeons of taking.
limit. and mourning doves on Reservation
Dated: August 31, 2016.
lands shall have in their possession a
Coots valid White Mountain Apache Daily or Karen Hyun,
Season Dates: Open October 15, 2016, Yearly Small Game Permit. In addition Acting Principal Deputy Assistant Secretary
through January 29, 2017. to a small game permit, all nontribal for Fish and Wildlife and Parks.
Daily Bag and Possession Limits: 25 hunters hunting band-tailed pigeons [FR Doc. 2016–21739 Filed 9–8–16; 8:45 am]
and 50, respectively. must have in their possession a White BILLING CODE 4333–15–P
ehiers on DSK5VPTVN1PROD with RULES
VerDate Sep<11>2014 15:26 Sep 08, 2016 Jkt 238001 PO 00000 Frm 00066 Fmt 4700 Sfmt 9990 E:\FR\FM\09SER1.SGM 09SER1](https://thefederalregister.org/doc/81_FR_62579/page/15.svg)
Document Created: 2018-02-09 13:15:19
Document Modified: 2018-02-09 13:15:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule takes effect on September 9, 2016. | |
| Contact | Ron W. Kokel, U.S. Fish and Wildlife Service, Department of the Interior, MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041-3803; (703) 358-1967. | |
| FR Citation | 81 FR 62404 | |
| RIN Number | 1018-BA70 | |
| CFR Associated | Exports; Hunting; Imports; Reporting and Recordkeeping Requirements; Transportation and Wildlife |
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