82 FR 41344 - Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2017-18 Season
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 168 (August 31, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 168 (August 31, 2017)
| Page Range | 41344-41355 | |
| FR Document | 2017-18401 |
[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)] [Rules and Regulations] [Pages 41344-41355] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18401] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 [Docket No. FWS-HQ-MB-2016-0051; FF09M21200-178-FXMB1231099BPP0] RIN 1018-BB40 Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2017-18 Season AGENCY: Fish and Wildlife Service, Interior. ACTION: Interim 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 allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions in recognition of their authority to regulate hunting under established guidelines. The proposed rule for the 2017-18 season was delayed, requiring this interim final rule to allow Tribes to begin hunting in September. This interim rule will be replaced when the proposed rule is finalized. DATES: This rule takes effect on September 1, 2017. Comments on this rule must be received by September 21, 2017. ADDRESSES: You may submit comments on this interim rule and the related proposed rule (see 82 FR 39716, August 22, 2017) by one of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS-HQ- MB-2016-0051. U.S. mail or hand delivery: Public Comments Processing, Attn: FWS-HQ-MB-2016-0051; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service; MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see Public Comments, below, for more information). FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife Service, Department of the Interior, MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041-3803; (703) 358-1967. SUPPLEMENTARY INFORMATION: Background The Migratory Bird Treaty Act (MBTA) 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 August 22, 2017, Federal Register (82 FR 39716), we proposed special migratory bird hunting regulations for the 2017-18 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 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. Because some tribal seasons begin September 1, before the September 21, 2017, closing date of the comment period and finalization of the August 22, [[Page 41345]] 2017, proposed rule (82 FR 39716), we are publishing this interim final rule to allow these tribes to conduct their hunting seasons. In compliance with the MBTA, this rule opens the seasons on the dates set forth in the rule portion of this document, thereby allowing individuals to legally partake in hunting on these lands. Without publication of this rule, hunting of migratory birds on certain Tribal ceded lands as requested by the Tribes would be prohibited until we can conclude the rulemaking process initiated by the August 22, 2017, proposed rule (82 FR 39716). The provisions in this interim rule are the same as those set forth in our September 9, 2016, final rule (81 FR 62404) except that, in this interim rule, the season opening and closing dates are updated for the 2017-18 hunting seasons. In one case where we received a 2017-18 proposal from a Tribe (Klamath) that was not included in the 2016 final rule, we have included that proposal in these interim final rule regulations using the Tribe's approved seasons from a previous season's final rule for 2014-15 (79 FR 57405-57406, September 24, 2014). In other words, although the dates are different, the date ranges, bag limits, and other restrictions are identical to the previous final rule. We are using the provisions of the September 9, 2016, final rule (81 FR 62404) as the provisions for this interim final rule as the 2016 rule is the most recent Tribal final rule and the public is familiar with it, having already commented on it with the exception of the specific 2017-18 season dates. To summarize the 2016 final rule process: On May 27, 2016, we published proposed special migratory bird hunting regulations for the 2016-17 hunting season for certain Indian Tribes (81 FR 34226). The comment period for the May 27, 2016, proposed rule closed on June 27, 2016. We addressed the nine comments received in a final rule of September 9, 2016 (81 FR 62404). That final rule established regulatory provisions that are codified in title 50 of the Code of Federal Regulations at 50 CFR 20.110 and are the basis for this interim final rule. Moreover, in the August 22, 2017, proposed rule (82 FR 39716), we proposed changes to the regulations in 50 CFR 20.110 that would establish in most cases substantially similar season opening and closing dates that are set forth in this interim rule. The proposed regulatory revisions are the result of a collaborative process between the Service and the Tribes. Comments are due on the proposed rule on September 21, 2017. Following our consideration of the comments received, we will issue a final rule that will replace the regulatory provisions in this interim rule. The public is also welcome to comment on this interim final rule during the comment period for the proposed rule that closes September 21. With the changeover in administrations, the proposed rule was delayed, preventing issuance of a final rule in time for all Tribes' normal hunting seasons. We do not intend to use an interim final rule again for this purpose as doing so prevents Tribes from using provisions that they may have proposed at the beginning of the hunting season. We regret any confusion that this delay in the normal rulemaking process may cause. In future Tribal rulemaking actions, we expect to have a final rule in place before the start of the Tribes' hunting seasons. The interim final rule described here sets migratory bird hunting regulations on certain Federal Indian reservations and ceded lands for the 2017-18 season. It sets hunting seasons, hours, areas, and limits for migratory game bird species on reservations and ceded territories. When the August 22, 2017, proposed rule (82 FR 39716) is finalized, that rule will replace this interim final rule. The new final rule may have extended dates, different bag limits, and other provisions compared to this interim final rule. Population Status and Harvest Each year we publish various species status reports that provide detailed information on the status and harvest of migratory game birds, including information on the methodologies and results. These reports are available at the address indicated under FOR FURTHER INFORMATION CONTACT or from our Web site at https://www.fws.gov/birds/surveys-and-data/reports-and-publications/population-status.php. We used the following reports: Adaptive Harvest Management, 2017 Hunting Season (August 2016); American Woodcock Population Status, 2016 (August 2016); Band-tailed Pigeon Population Status, 2016 (September 2016); Migratory Bird Hunting Activity and Harvest During the 2014-15 and 2015-16 Hunting Seasons (October 2016); Mourning Dove Population Status, 2016 (August 2016); Status and Harvests of Sandhill Cranes, Mid-continent, Rocky Mountain, Lower Colorado River Valley and Eastern Populations, 2016 (September 2016); and Waterfowl Population Status, 2016 (August 2016). Required Determinations Executive Order 13771--Reducing Regulation and Controlling Regulatory Costs This action is not subject to Executive Order (E.O.) 13771 (82 FR 9339, February 3, 2017) because it is issued with respect to routine hunting and fishing activities. National Environmental Policy Act (NEPA) Consideration 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 2017- 18,'' with its corresponding April 7, 2017, finding of no significant impact. The programmatic document, as well as the separate environmental assessments, is available on our Web site at https://www.fws.gov/birds/index.php or from the address 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 the annual migratory game bird hunting regulations, which includes the tribal hunting process, 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 [[Page 41346]] that the regulations are not likely to jeopardize the continued existence of any endangered or threatened species. 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) E.O. 12866 provides that the Office of Information and Regulatory Affairs (OIRA) will review all significant rules. OIRA has determined that the annual migratory bird hunting regulations, of which this rule is one part, are significant because these regulations have an annual effect of $100 million or more on the economy. E.O. 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 will develop our final rule in a manner consistent with these requirements. An economic analysis was prepared for the 2013-14 season. This analysis was based on data from the 2011 National Hunting and Fishing Survey, the most recent year for which data are available (see discussion in Regulatory Flexibility Act section below). We used this analysis again for the 2017-18 season. 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 are (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. We also chose alternative 3 for the 2009-10, the 2010-11, the 2011-12, the 2012-13, the 2014-15, the 2015-16, the 2016-17, and the 2017-18 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-2016-0051. 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 Division of Migratory Bird Management (see FOR FURTHER INFORMATION CONTACT) or from http://www.regulations.gov at Docket No. FWS-HQ-MB- 2016-0051. Small Business Regulatory Enforcement Fairness Act This final 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 is part of a larger rulemaking effort that would have an annual effect on the economy of $100 million or more. However, because this rule establishes hunting seasons, we do not plan to defer the effective date under the exemption contained in 5 U.S.C. 808(1). Paperwork Reduction Act This 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 8/31/2020). 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 would 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 E.O. 12988. Takings Implication Assessment In accordance with E.O. 12630, this rule, authorized by the Migratory Bird Treaty Act, does not have significant takings implications and does not affect any constitutionally protected property rights. This rule would not result in the physical occupancy of property, the physical invasion of property, or the regulatory taking of any property. In fact, this rule would allow hunters to exercise otherwise unavailable privileges and, therefore, reduce restrictions on the use of private and public property. Energy Effects--Executive Order 13211 E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. While this rule is a significant regulatory action under E.O. 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), E.O. 13175, and 512 DM 2, we have evaluated possible effects on Federally recognized Indian tribes. This rulemaking process is collaborative with [[Page 41347]] the Tribes, and we will continue to consult with the Tribes when we finalize the August 22 proposed rule. 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 E.O. 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. Need for Interim Final Rule The rulemaking process for migratory game bird hunting must, by its nature, operate under severe time constraints. Because of changes in the process for this season's rules, publication of the August 22, 2017, proposed rule (82 FR 39716) was delayed, requiring publication of this interim final rule. The August 22, 2017, proposed rule provides the public the opportunity to comment. The public, having commented on last year's final rule (81 FR 62404; September 9, 2016) and other previous final rules, also had an opportunity to comment on the substance of the current interim final rule, and we addressed the nine comments received in the 2016 final rule. Furthermore, these tribal regulations have generally been similar the past several years, and with no significant controversy from the public. It would be impracticable to finalize the August 22 proposed rule by September 1. But without this interim rule, the hunting of migratory birds on ceded and reservation lands during the normal fall seasons, which in some cases begin on September 1 each year, would be in violation of the MBTA. To respect the various Tribal treaties between the Tribal nations and the United States that allow for the treaty right to hunt waterfowl on these ceded lands, either for their cultural or religious exercise, sustenance, and/or materials for cultural use (e.g., handicraft), the Department finds that it is in the public interest to publish this interim final rule. The Administrative Procedure Act under 5 U.S.C. 553(b)(B) allows an agency to make a rule effective immediately for good cause if ``impracticable, unnecessary, or contrary to the public interest.'' We find that undertaking the notice-and-comment procedures prior to making this rule effective is impracticable, unnecessary, and contrary to the public interest, and therefore the ``good cause'' exception under 5 U.S.C. 553(b)(B) applies. In addition, we have good cause to waive the standard 30-day effective date for this interim final rule consistent with section 553(d)(3) of the Administrative Procedure Act, and this rule will, therefore, take effect immediately upon publication. This rule relieves a restriction, as just described. Delaying the effective date for 30 days would have detrimental effects on individuals seeking to hunt on ceded and reservation lands during the seasons that in some cases begin September 1 and on the businesses that support this activity. Moreover, in the proposed rule that published in the Federal Register on August 22, 2017 (82 FR 39716), we proposed changes to the regulations in 50 CFR 20.110 that would establish in most cases substantially similar season opening and closing dates that are set forth in this interim rule. The proposed regulatory revisions are the result of a collaborative process between the Service and the Tribes. As described earlier in SUPPLEMENTARY INFORMATION and as set forth in DATES, comments are due on the proposed rule by September 21, 2017. Following our consideration of the comments received, we will issue a final rule that will replace the regulatory provisions in this interim rule. Public Comments Solicited We invite interested persons to submit written comments, suggestions, or recommendations regarding the interim final rule during the comment period for our proposed special migratory bird hunting regulations for the 2017-18 hunting season for certain Indian tribes, published August 22, 2017, in the Federal Register (82 FR 39716). Before promulgating final migratory game bird hunting regulations, we will consider all comments we receive. These comments, and any additional information we receive, may lead to final regulations that differ from these proposals or this interim final rule. You may submit your comments and materials concerning this proposed rule by one of the methods listed in ADDRESSES. We will not accept comments sent by email or fax. We will not consider hand-delivered comments that we do not receive, or mailed comments that are not postmarked, by September 21, 2017. We will post all comments in their entirety--including your personal identifying information--on http://www.regulations.gov. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation we used in preparing this interim final rule and the August 22, 2017, proposed rule (82 FR 39716), will be available for public inspection on http://www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Division of Migratory Bird Management, 5275 Leesburg Pike, Falls Church, VA 22041-3803. We will consider, but possibly may not respond in detail to, each comment. As in the past, we will summarize all comments we receive during the comment period and respond to them after the closing date in the preambles of any final rules. List of Subjects in 50 CFR Part 20 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. Regulation Promulgation Accordingly, for the reasons set forth above, we amend part 20, subchapter B, chapter I of title 50 of the Code of Federal Regulations 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; [[Page 41348]] Pub. L. 106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703. (Note: The following hunting regulations provided for by 50 CFR 20.110 will not appear in the Code of Federal Regulations because of their seasonal nature.) 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, 2017, through March 9, 2018. 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 September 30, 2017, through January 7, 2018, and open January 13 through 17, 2018. Scaup Season Dates: Open September 30 through December 24, 2017. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one 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 September 30, 2017, through January 7, 2018, and open January 13 through 17, 2018. 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 9 and end November 30, 2017. Daily Bag Limit: 18 ducks, including no more than 12 mallards (only 3 of which may be hens), 9 black ducks, 9 scaup, 9 wood ducks, 9 redheads, 9 pintails, and 9 canvasbacks. Reservation Season Dates: Begin September 1 and end November 30, 2017. 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 9 and end November 30, 2017. Daily Bag Limit: 15 mergansers, including no more than 6 hooded mergansers. Reservation Season Dates: Begin September 1 and end November 30, 2017. 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, 2017. Daily Bag Limit: 20 geese. Reservation Season Dates: Begin September 1 and end November 30, 2017. Daily Bag Limit: 20 geese. Coots and Common Moorhens (Common Gallinules) 1854 and 1837 Ceded Territories Season Dates: Begin September 9 and end November 30, 2017. Daily Bag Limit: 20 coots and common moorhens, singly or in the aggregate. Reservation Season Dates: Begin September 1 and end November 30, 2017. 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, 2017. 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, 2017. 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, 2017. Daily Bag Limit: Eight common snipe. Woodcock All Areas Season Dates: Begin September 1 and end November 30, 2017. Daily Bag Limit: Three woodcock. Mourning Doves All Areas Season Dates: Begin September 1 and end November 30, 2017. 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. [[Page 41349]] 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, 2017, through January 20, 2018. 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, 2017, through February 15, 2018. Daily Bag Limit: 10 geese. Other Geese (White-Fronted Geese and Brant) Season Dates: Open September 20 through December 30, 2017. Daily Bag Limit: Five geese. Sora Rails, Common Snipe, and Woodcock Season Dates: Open September 1 through November 14, 2017. Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock. Mourning Doves Season Dates: Open September 1 through November 14, 2017. Daily Bag Limit: 10 mourning doves. Sandhill Crane Season Dates: Open September 1 through November 14, 2017. Daily Bag Limit: Two sandhill cranes, 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 2017-18 waterfowl hunting season regulations apply to all treaty areas (except where noted): Ducks Season Dates: Begin September 1 and end December 31, 2017. 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, 2017. Daily Bag Limit: 10 mergansers. Geese Season Dates: Begin September 1 and end December 31, 2017. In addition, any portion of the ceded territory that is open to State- licensed hunters for goose hunting outside of these dates will also be open concurrently for tribal members. Daily Bag Limit: 20 geese in aggregate. Other Migratory Birds Coots and Common Moorhens (Common Gallinules) Season Dates: Begin September 1 and end December 31, 2017. 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, 2017. Daily Bag and Possession Limits: 20, singly, or in the aggregate, 25. Common Snipe Season Dates: Begin September 1 and end December 31, 2017. Daily Bag Limit: 16 common snipe. Woodcock Season Dates: Begin September 6 and end December 31, 2017. Daily Bag Limit: 10 woodcock. Mourning Dove: 1837 and 1842 Ceded Territories Only Season Dates: Begin September 1 and end November 29, 2017. Daily Bag Limit: 15 mourning doves. Sandhill Cranes: 1837 and 1842 Ceded Territories Only Season Dates: Begin September 1 and end December 31, 2017. Daily Bag Limit: 2 cranes. Swans: 1837 and 1842 Ceded Territories Only Season Dates: Begin November 1 and end December 31, 2017. 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 [[Page 41350]] 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 14 through November 30, 2017. Daily Bag and Possession Limits: The daily bag limit is seven, including no more than two hen mallards, one pintail, two redheads, two canvasback, and three scaup. The possession limit is three times the daily bag limit. Canada Geese Season Dates: Open October 14 through November 30, 2017. 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 9 through September 10, 2017; open September 16 through September 17, 2017; and open October 1, 2017, through January 8, 2018. During these periods, 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 23 through September 24, 2017; open September 19 through September 30, 2017; and open October 1, 2017, through January 8, 2018. During these periods, days to be hunted are specified by the Kalispel Tribe. Nontribal hunters should contact the Tribe for more detail on hunting days. Scaup Season Dates: Open September 23 through December 17, 2017. Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 1 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, 2017, through January 31, 2018. 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, 2017, through January 31, 2016. 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) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only). Ducks Season Dates: Open October 7, 2017, through January 31, 2018. Daily Bag and Possession Limits: 9 and 18 ducks, respectively. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: 9 and 18 coots, respectively. Geese Season Dates: Same as ducks. Daily Bag and Possession Limits: 9 and 18 geese, respectively. General Conditions: The Klamath Tribe provides its game management officers, biologists, and wildlife technicians with regulatory enforcement authority, and has a court system with judges that hear cases and set fines. Nontoxic shot is required. Shooting hours are one- half hour before sunrise to one-half hour after sunset. (i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members Only). Ducks Season Dates: Open September 16 through December 31, 2017. 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, 2017. 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, 2017, through January 26, 2018. 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, 2017, through February 4, 2018. Daily Bag Limit: Five. White-Fronted Geese, Brant, and Snow Geese Season Dates: Open September 8 through December 10, 2017. Daily Bag Limit: Five. Woodcock, Mourning Doves, Snipe, and Sora and Virginia Rails Season Dates: Open September 1 through November 12, 2017. 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: [[Page 41351]] (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, 2017, through January 31, 2018. 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, 2017, through January 31, 2018. Daily Bag Limits: 10 mergansers, including no more than 5 hooded mergansers. Coots and Gallinules Season Dates: Open September 15 through December 31, 2017. Daily Bag Limit: 20. Canada Geese Season Dates: Open September 1, 2017, through February 8, 2018. Daily Bag Limit: 20 in the aggregate. Sora and Virginia Rails Season Dates: Open September 1 through December 31, 2017. Daily Bag Limit: 20. Snipe Season Dates: Open September 1 through December 31, 2017. Daily Bag Limit: 16. Mourning Doves Season Dates: Open September 1 through November 14, 2017. Daily Bag Limit: 15. Woodcock Season Dates: Open September 1 through December 1, 2017. Daily Bag Limit: 10. Sandhill Cranes Season Dates: Open September 1 through December 1, 2017. 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, 2017, through March 10, 2018. Daily Bag and Possession Limits: Six ducks, including no more than two hen mallards 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, 2017, through March 10, 2018. Daily Bag and Possession Limits: 6 and 18, respectively. White-Fronted Geese Season Dates: Open September 1, 2017, through March 10, 2018. Daily Bag and Possession Limits: Two and six, respectively. Light Geese Season Dates: Open September 1, 2017, through March 10, 2018. Daily Bag Limit: 20. Nontribal Hunters Ducks (Including Mergansers and Coots) Season Dates: Open October 7, 2017, through January 11, 2018. Daily Bag and Possession Limits: Six ducks, including five mallards (no more of which can be two hen mallards), three scaup, two canvasback, two redheads, three wood ducks, one mottled duck, and one 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 28, 2017, through February 11, 2018. Daily Bag and Possession Limits: 6 and 18, respectively. White-fronted Geese Season Dates: Open October 28, 2017, through January 23, 2018. Daily Bag and Possession Limits: Two and six, respectively. Light Geese Season Dates: Open October 28, 2017, through February 11, 2018. Daily Bag and Possession Limits: 50 and no possession limit. General Conditions: All hunters must comply with the basic Federal migratory bird hunting regulations in 50 CFR part 20, including the use of steel shot 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 22 through October 23, 2017. Daily Bag Limit: Two band-tailed pigeons. Ducks and Coots Season Dates: Open September 23, 2017, through January 28, 2018. 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 23, 2017, through January 28, 2018. 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. [[Page 41352]] 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, 2017. Daily Bag and Possession Limits: 5 and 10 pigeons, respectively. Mourning Doves Season Dates: Open September 1 through September 30, 2017. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Ducks (Including Mergansers and Coots) Season Dates: Open September 23, 2017, through January 7, 2018. Scaup Season Dates: Open September 23 through December 17, 2017. 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 one 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 23, 2017, through January 7, 2018. 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 16 through December 3, 2017. 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, 2017. 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, 2017. Daily Bag and Possession Limits: Two and four woodcock, respectively. Doves Season Dates: Open September 2 through November 5, 2017. 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, 2017, through March 10, 2018. 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, 2017, through March 10, 2018. 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 January 10 through January 25, 2018. Daily Bag and Possession Limits: Two and four, respectively. Coots Season Dates: Open September 13, 2017, through February 1, 2018. Daily Bag and Possession Limits: 25 and 50 coots, respectively. Mourning Doves Season Dates: Open September 13, 2017, through January 18, 2018. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Snipe Season Dates: Open September 13, 2017, through March 10, 2018. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. Band-Tailed Pigeons Season Dates: Open September 13, 2017, through January 18, 2018. Daily Bag and Possession Limits: Two and four pigeons, respectively. Port Gamble S'Klallam Tribe Ducks Season Dates: Open September 1, 2017, through March 10, 2018. 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, 2017, through March 10, 2018. 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, 2017, through January 31, 2018. Daily Bag and Possession Limits: Two and four, respectively. Coots Season Dates: Open September 1, 2017, through March 10, 2018. [[Page 41353]] Daily Bag and Possession Limits: 7 and 14 coots, respectively. Mourning Doves Season Dates: Open September 1, 2017, through January 31, 2018. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Snipe Season Dates: Open September 1, 2017, through March 10, 2018. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. Band-Tailed Pigeons Season Dates: Open September 1, 2017, through March 10, 2018. 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, 2017, through January 31, 2018. Daily Bag Limit: 25 doves. Ducks Season Dates: Open September 1, 2017, through January 31, 2018. Daily Bag Limits: 20, including no more than 5 hen mallards, 5 wood ducks, 5 black ducks, 5 pintail, 5 redhead, 5 scaup, and 5 canvasback. Mergansers Season Dates: Open September 1, 2017, through January 31, 2018. Daily Bag Limit: 10, including no more than 5 hooded mergansers. Canada Geese Season Dates: Open September 1, 2017, through January 31, 2018. Daily Bag Limit: 20 in the aggregate. Coots and Gallinule Season Dates: Open September 1, 2017, through January 31, 2018. Daily Bag Limit: 20 in the aggregate. Woodcock Season Dates: Open September 1, 2017, through January 31, 2018. Daily Bag Limits: 10. Common Snipe Season Dates: Open September 1, 2017, through January 31, 2018. Daily Bag Limits: 16. Sora and Virginia Rails Season Dates: Open September 1, 2017, through January 31, 2018. Daily Bag Limits: 20 in the aggregate. Sandhill Crane Season Dates: Open September 1, 2017, through January 31, 2018. 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, 2017. Daily Bag Limit: 10 doves. Teal Season Dates: Open September 1 through December 31, 2017. Daily Bag Limits: 20 in the aggregate. Ducks Season Dates: Open September 15 through December 31, 2017. 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, 2017. Daily Bag Limit: 10 in the aggregate. Geese Season Dates: Open September 1 through December 31, 2017. Daily Bag Limit: 20 in the aggregate. Coots and Gallinule Season Dates: Open September 1 through December 31, 2017. Daily Bag Limit: 20 in the aggregate. Woodcock Season Dates: Open September 2 through December 1, 2017. Daily Bag Limits: 10. Common Snipe Season Dates: Open September 15 through December 31, 2017. Daily Bag Limits: 16. Sora and Virginia Rails Season Dates: Open September 1 through December 31, 2017. 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 7, 2017, through January 19, 2018. Scaup Season Dates: Open October 7, 2017, through December 31, 2018. Daily Bag and Possession Limits: Seven ducks and mergansers, including no more than two hen mallards, one 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 7, 2017, through January 19, 2018. Daily Bag and Possession Limits: 4 and 12, respectively. White-Fronted Geese Season Dates: Open October 7, 2017, through January 19, 2018. Daily Bag and Possession Limits: 10 and 30, respectively. Light Geese Season Dates: Open October 7, 2017, through January 19, 2018. 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 [[Page 41354]] 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, 2017, through January 31, 2018. 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, 2017, through January 31, 2018. 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, 2017, through January 31, 2018. Daily Bag and Possession Limits: 10 and 30, respectively. Ducks Season Dates: Open October 1, 2017, through March 10, 2018. Daily Bag and Possession Limits: 10 ducks. The possession limit is three times the daily bag limit. Coots Season Dates: Open October 1, 2017, through March 10, 2018. Daily Bag and Possession Limits: 25 coots. The possession limit is three times the daily bag limit. Geese Season Dates: Open October 1, 2017, through March 10, 2018. 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, 2017, through March 9, 2018. Daily Bag and Possession Limits: 20 and 40, respectively. Canada Geese Season Dates: Open September 1, 2017, through March 9, 2018. Daily Bag and Possession Limits: 10 and 20 geese, respectively. Brant Season Dates: Open September 1, 2017, through March 9, 2018. Daily Bag and Possession Limits: 5 and 10 brant, respectively. Coots Season Dates: Open September 1, 2017, through March 9, 2018. Daily Bag and Possession Limits: 25 and 75 coots, respectively. Mourning Dove Season Dates: Open September 1, 2017, through March 9, 2018. Daily Bag and Possession Limits: 15 and 30 mourning dove, respectively. Band-Tailed Pigeon Season Dates: Open September 1, 2017, through March 9, 2018. 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 3, 2017, through February 28, 2018. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one pintail, two canvasback, three scaup, and two redheads. Possession limit is twice the daily bag limit. Geese Season Dates: Open September 3, 2017, through February 28, 2018. 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 3, 2017, through February 28, 2018. Daily Bag and Possession Limits: Two and four brant, respectively. Coots Season Dates: Open September 3, 2017, through February 28, 2018. Daily Bag and Possession Limits: 25 and 25 coots, respectively. Snipe Season Dates: Open September 3, 2017, through February 28, 2018. 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, 2017. Daily Bag and Possession Limits: 12 and 15 mourning doves, respectively. Ducks Season Dates: Open October 1, 2017, through February 28, 2018. Daily Bag and Possession Limits: 15 and 20, respectively. Coots Season Dates: Open October 1, 2017, through February 15, 2018. Daily Bag and Possession Limits: 20 and 30, respectively. Geese Season Dates: Open October 1, 2017, through February 28, 2018. Daily Bag and Possession Limits: 7 and 10 geese, respectively. Brant Season Dates: Open November 1 through November 10, 2017. 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 [[Page 41355]] 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 9, 2017, through February 17, 2018. Daily Bag Limits: 10 teal. Ducks Season Dates: Open October 9, 2017, through February 17, 2018. 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 2, 2017, through February 17, 2018. 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 9 through November 25, 2017. Daily Bag Limits: Three woodcock. Canada Geese Season Dates: Open September 4 through 16, 2017, and open October 23, 2017, through February 17, 2018. Daily Bag Limits: Eight Canada geese. Snow Geese Season Dates: Open September 4 through 16, 2017, and open November 20, 2017, through February 17, 2018. Daily Bag Limits: 15 snow geese. Sora and Virginia Rails Season Dates: Open September 4 through November 4, 2017. Daily Bag Limits: 5 sora and 10 Virginia rails. Snipe Season Dates: Open September 4 through December 9, 2017. 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 9 through December 17, 2017. Daily Bag Limit for Ducks: 10 ducks, including no more than 2 female mallards, 1 pintail, and 1 canvasback. Mergansers Season Dates: Open September 9 through December 17, 2017. Daily Bag Limit for Mergansers: Five mergansers, including no more than two hooded mergansers. Geese Season Dates: Open September 1 through December 17, 2017. Daily Bag Limit: 12 geese through September 22, 2017, and 5 thereafter. Coots Season Dates: Open September 1 through November 30, 2017. Daily Bag Limit: 20 coots. Snipe Season Dates: Open September 1 through November 30, 2017. Daily Bag Limit: 10 snipe. Mourning Dove Season Dates: Open September 1 through November 30, 2017. Daily Bag Limit: 25 mourning dove. Woodcock Season Dates: Open September 1 through November 30, 2017. Daily Bag Limit: 10 woodcock. Rail Season Dates: Open September 1 through November 30, 2017. 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, 2017. 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, 2017. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Ducks and Mergansers Season Dates: Open October 14, 2017, through January 28, 2018. Scaup Season Dates: Open November 4, 2017, through January 28, 2018. Daily Bag Limits: Seven including no more than two redheads, one 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, 2017, through January 29, 2018. Daily Bag and Possession Limits: 25 and 50, respectively. Canada Geese Season Dates: Open October 14, 2017, through January 28, 2018. 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 24, 2017. Todd D. Willens, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2017-18401 Filed 8-30-17; 8:45 am] BILLING CODE 4333-15-P
![41344 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
current, valid OMB Control Number. No application form and instructions means that we will post any personal
person shall be subject to any penalty consistent with this decision. information you provide us (see Public
for failing to comply with a collection Federal Communications Commission. Comments, below, for more
of information subject to the Paperwork Katura Jackson,
information).
Reduction Act that does not display a FOR FURTHER INFORMATION CONTACT: Ron
Federal Register Liaison Officer, Office of the
current, valid OMB Control Number. Secretary. W. Kokel, U.S. Fish and Wildlife
The OMB Control Number is 3060– Service, Department of the Interior, MS:
[FR Doc. 2017–18485 Filed 8–30–17; 8:45 am]
0110. MB, 5275 Leesburg Pike, Falls Church,
BILLING CODE 6712–01–P
The foregoing notice is required by VA 22041–3803; (703) 358–1967.
the Paperwork Reduction Act of 1995,
SUPPLEMENTARY INFORMATION:
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507. DEPARTMENT OF THE INTERIOR Background
The total annual reporting burdens
Fish and Wildlife Service The Migratory Bird Treaty Act
and costs for the respondents are as
(MBTA) of July 3, 1918 (16 U.S.C. 703
follows:
50 CFR Part 20 et seq.), authorizes and directs the
OMB Control Number: 3060–0110.
OMB Approval Date: August 11, 2017. Secretary of the Department of the
[Docket No. FWS–HQ–MB–2016–0051; Interior, having due regard for the zones
OMB Expiration Date: August 31, FF09M21200–178–FXMB1231099BPP0]
2020. of temperature and for the distribution,
Title: Application for Renewal of RIN 1018–BB40 abundance, economic value, breeding
Broadcast Station License, FCC Form habits, and times and lines of flight of
303–S; Section 73.3555(d), Daily Migratory Bird Hunting; Migratory Bird migratory game birds, to determine
Newspaper Cross-Ownership. Hunting Regulations on Certain when, to what extent, and by what
Form Number: FCC Form 303–S. Federal Indian Reservations and means such birds or any part, nest, or
Respondents: Business or other for Ceded Lands for the 2017–18 Season egg thereof may be taken, hunted,
profit entities; Not for profit institutions; captured, killed, possessed, sold,
AGENCY: Fish and Wildlife Service,
State, local or Tribal government. purchased, shipped, carried, exported,
Interior.
Number of Respondents and or transported.
ACTION: Interim final rule. In the August 22, 2017, Federal
Responses: 4,023 respondents and 4,023
responses. Register (82 FR 39716), we proposed
SUMMARY: This rule prescribes special
Estimated Time per Response: 1.25– special migratory bird hunting
migratory bird hunting regulations for
12 hours. regulations for the 2017–18 hunting
certain Tribes on Federal Indian
Frequency of Response: Every eight season for certain Indian tribes, under
reservations, off-reservation trust lands,
year report requirement, Third party the guidelines described in the June 4,
and ceded lands. This rule allows the
disclosure requirement. 1985, Federal Register (50 FR 23467).
establishment of season bag limits and,
Obligation to Respond: Required to The guidelines respond to tribal
thus, harvest at levels compatible with
obtain or retain benefits. The statutory requests for Service recognition of their
populations and habitat conditions in
authority for this information collection reserved hunting rights, and for some
recognition of their authority to regulate
is contained in sections 154(i), 303, 307, tribes, recognition of their authority to
hunting under established guidelines.
and 308 of the Communications Act of regulate hunting by both tribal members
The proposed rule for the 2017–18
1934, as amended, and Section 204 of and nonmembers on their reservations.
season was delayed, requiring this
the Telecommunications Act of 1996. The guidelines include possibilities for:
interim final rule to allow Tribes to
Total Annual Burden: 10,797 hours. (1) On-reservation hunting by both
begin hunting in September. This
Total Annual Cost: $5,073,271. tribal members and nonmembers, with
interim rule will be replaced when the
Nature and Extent of Confidentiality: hunting by nontribal members on some
proposed rule is finalized.
There is no need for confidentiality with reservations to take place within Federal
this collection of information. DATES: This rule takes effect on frameworks but on dates different from
Privacy Impact Assessment: No September 1, 2017. Comments on this those selected by the surrounding
impact(s). rule must be received by September 21, State(s);
Needs and Uses: On January 31, 2017, 2017. (2) On-reservation hunting by tribal
the Commission adopted a Report and ADDRESSES: You may submit comments members only, outside of usual Federal
Order (‘‘Public Inspection File R&O’’) in on this interim rule and the related frameworks for season dates and length,
MB Docket No. 16–161, FCC 17–3, proposed rule (see 82 FR 39716, August and for daily bag and possession limits;
eliminating the requirement in sections 22, 2017) by one of the following and
73.1202 and 73.3526(e)(9) of its rules methods: (3) Off-reservation hunting by tribal
that commercial broadcast stations • Federal eRulemaking Portal: http:// members on ceded lands, outside of
retain in their public inspection file www.regulations.gov. Follow the usual framework dates and season
copies of letters and emails from the instructions for submitting comments length, with some added flexibility in
public. The Commission concluded on Docket No. FWS–HQ–MB–2016– daily bag and possession limits.
that, because commercial TV licensees 0051. In all cases, the regulations
will no longer be required to maintain • U.S. mail or hand delivery: Public established under the guidelines must
correspondence under the Comments Processing, Attn: FWS–HQ– be consistent with the March 10–
nlaroche on DSKBBV9HB2PROD with RULES
Commission’s rules, under the terms of MB–2016–0051; Division of Policy, September 1 closed season mandated by
47 U.S.C. 308(d) they also will not be Performance, and Management the 1916 Migratory Bird Treaty with
required to file a summary of Programs; U.S. Fish and Wildlife Canada.
correspondence received regarding Service; MS: BPHC; 5275 Leesburg Pike; Because some tribal seasons begin
violent programming with their renewal Falls Church, VA 22041–3803. September 1, before the September 21,
application. The Commission directed We will post all comments on http:// 2017, closing date of the comment
the Media Bureau to revise the renewal www.regulations.gov. This generally period and finalization of the August 22,
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![Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations 41345
2017, proposed rule (82 FR 39716), we final rule that will replace the regulatory Required Determinations
are publishing this interim final rule to provisions in this interim rule. The Executive Order 13771—Reducing
allow these tribes to conduct their public is also welcome to comment on Regulation and Controlling Regulatory
hunting seasons. In compliance with the this interim final rule during the Costs
MBTA, this rule opens the seasons on comment period for the proposed rule
the dates set forth in the rule portion of This action is not subject to Executive
that closes September 21.
this document, thereby allowing Order (E.O.) 13771 (82 FR 9339,
individuals to legally partake in hunting With the changeover in February 3, 2017) because it is issued
on these lands. Without publication of administrations, the proposed rule was with respect to routine hunting and
this rule, hunting of migratory birds on delayed, preventing issuance of a final fishing activities.
certain Tribal ceded lands as requested rule in time for all Tribes’ normal
National Environmental Policy Act
by the Tribes would be prohibited until hunting seasons. We do not intend to (NEPA) Consideration
we can conclude the rulemaking process use an interim final rule again for this
initiated by the August 22, 2017, purpose as doing so prevents Tribes The programmatic document,
proposed rule (82 FR 39716). from using provisions that they may ‘‘Second Final Supplemental
The provisions in this interim rule are have proposed at the beginning of the Environmental Impact Statement:
the same as those set forth in our Issuance of Annual Regulations
hunting season. We regret any confusion
September 9, 2016, final rule (81 FR Permitting the Sport Hunting of
that this delay in the normal rulemaking
62404) except that, in this interim rule, Migratory Birds (EIS 20130139),’’ filed
process may cause. In future Tribal with the Environmental Protection
the season opening and closing dates are rulemaking actions, we expect to have a
updated for the 2017–18 hunting Agency (EPA) on May 24, 2013,
final rule in place before the start of the addresses NEPA compliance by the
seasons. In one case where we received Tribes’ hunting seasons.
a 2017–18 proposal from a Tribe Service for issuance of the annual
(Klamath) that was not included in the The interim final rule described here framework regulations for hunting of
2016 final rule, we have included that sets migratory bird hunting regulations migratory game bird species. We
proposal in these interim final rule on certain Federal Indian reservations published a notice of availability in the
regulations using the Tribe’s approved and ceded lands for the 2017–18 season. Federal Register on May 31, 2013 (78
seasons from a previous season’s final It sets hunting seasons, hours, areas, and FR 32686), and our Record of Decision
rule for 2014–15 (79 FR 57405–57406, limits for migratory game bird species on July 26, 2013 (78 FR 45376). We also
September 24, 2014). In other words, on reservations and ceded territories. address NEPA compliance for waterfowl
although the dates are different, the date When the August 22, 2017, proposed hunting frameworks through the annual
ranges, bag limits, and other restrictions rule (82 FR 39716) is finalized, that rule preparation of separate environmental
are identical to the previous final rule. will replace this interim final rule. The assessments, the most recent being
We are using the provisions of the new final rule may have extended dates, ‘‘Duck Hunting Regulations for 2017–
September 9, 2016, final rule (81 FR different bag limits, and other 18,’’ with its corresponding April 7,
62404) as the provisions for this interim provisions compared to this interim 2017, finding of no significant impact.
final rule as the 2016 rule is the most final rule. The programmatic document, as well as
recent Tribal final rule and the public is the separate environmental assessments,
familiar with it, having already Population Status and Harvest is available on our Web site at https://
commented on it with the exception of www.fws.gov/birds/index.php or from
the specific 2017–18 season dates. To Each year we publish various species the address indicated under the caption
summarize the 2016 final rule process: status reports that provide detailed FOR FURTHER INFORMATION CONTACT.
On May 27, 2016, we published information on the status and harvest of
migratory game birds, including Endangered Species Act Consideration
proposed special migratory bird hunting
regulations for the 2016–17 hunting information on the methodologies and Section 7 of the Endangered Species
season for certain Indian Tribes (81 FR results. These reports are available at Act of 1973, as amended (16 U.S.C. 1531
34226). The comment period for the the address indicated under FOR et seq.), provides that, ‘‘The Secretary
May 27, 2016, proposed rule closed on FURTHER INFORMATION CONTACT or from shall review other programs
June 27, 2016. We addressed the nine our Web site at https://www.fws.gov/ administered by him and utilize such
comments received in a final rule of birds/surveys-and-data/reports-and- programs in furtherance of the purposes
September 9, 2016 (81 FR 62404). That publications/population-status.php. of this Act’’ (and) shall ‘‘insure that any
final rule established regulatory action authorized, funded, or carried out
We used the following reports:
provisions that are codified in title 50 of * * * is not likely to jeopardize the
Adaptive Harvest Management, 2017
the Code of Federal Regulations at 50 continued existence of any endangered
Hunting Season (August 2016); species or threatened species or result in
CFR 20.110 and are the basis for this American Woodcock Population Status,
interim final rule. the destruction or adverse modification
2016 (August 2016); Band-tailed Pigeon of [critical] habitat. * * *.’’
Moreover, in the August 22, 2017,
proposed rule (82 FR 39716), we Population Status, 2016 (September Consequently, we conducted formal
proposed changes to the regulations in 2016); Migratory Bird Hunting Activity consultations to ensure that actions
50 CFR 20.110 that would establish in and Harvest During the 2014–15 and resulting from the annual migratory
most cases substantially similar season 2015–16 Hunting Seasons (October game bird hunting regulations, which
opening and closing dates that are set 2016); Mourning Dove Population includes the tribal hunting process,
Status, 2016 (August 2016); Status and
nlaroche on DSKBBV9HB2PROD with RULES
forth in this interim rule. The proposed would not likely jeopardize the
regulatory revisions are the result of a Harvests of Sandhill Cranes, Mid- continued existence of endangered or
collaborative process between the continent, Rocky Mountain, Lower threatened species or result in the
Service and the Tribes. Comments are Colorado River Valley and Eastern destruction or adverse modification of
due on the proposed rule on September Populations, 2016 (September 2016); their critical habitat. Findings from
21, 2017. Following our consideration of and Waterfowl Population Status, 2016 these consultations are included in a
the comments received, we will issue a (August 2016). biological opinion, which concluded
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![41348 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
Pub. L. 106–108, 113 Stat. 1491, Note Geese Canada Geese
Following 16 U.S.C. 703.
Dark Geese 1854 and 1837 Ceded Territories
(Note: The following hunting
regulations provided for by 50 CFR Season Dates: Open September 30, Season Dates: Begin September 1 and
20.110 will not appear in the Code of 2017, through January 7, 2018, and open end November 30, 2017.
January 13 through 17, 2018. Daily Bag Limit: 20 geese.
Federal Regulations because of their
seasonal nature.) Daily Bag and Possession Limits: 4 Reservation
and 12, respectively. Season Dates: Begin September 1 and
■ 2. Section 20.110 is revised to read as
follows: Light Geese end November 30, 2017.
Daily Bag Limit: 20 geese.
§ 20.110 Seasons, limits, and other Season Dates: Same as for dark geese.
regulations for certain Federal Indian Coots and Common Moorhens
Daily Bag and Possession Limits: 20
reservations, Indian Territory, and ceded (Common Gallinules)
and 60, respectively.
lands.
General Conditions: Tribal and 1854 and 1837 Ceded Territories
Unless specifically provided for nontribal hunters must comply with all Season Dates: Begin September 9 and
below, all of the regulations contained basic Federal migratory bird hunting end November 30, 2017.
in 50 CFR part 20 apply to the seasons regulations contained in 50 CFR part 20 Daily Bag Limit: 20 coots and
listed herein. regarding manner of taking. In addition, common moorhens, singly or in the
(a) [Reserved.] shooting hours are one-half hour before aggregate.
(b) Confederated Salish and Kootenai sunrise to one-half hour after sunset,
Reservation
Tribes, Flathead Indian Reservation, and each waterfowl hunter 16 years of
Pablo, Montana (Tribal Members and age or older must carry on his/her Season Dates: Begin September 1 and
Nontribal Hunters). person a valid Migratory Bird Hunting end November 30, 2017.
and Conservation Stamp (Duck Stamp) Daily Bag Limit: 20 coots and
Tribal Members Only signed in ink across the stamp face. common moorhens, singly or in the
Ducks (Including Mergansers) Special regulations established by the aggregate.
Confederated Salish and Kootenai Sandhill Cranes: 1854 and 1837 Ceded
Season Dates: Open September 1, Tribes also apply on the reservation. Territories
2017, through March 9, 2018. (c) Fond du Lac Band of Lake Season Dates: Begin September 1 and
Daily Bag and Possession Limits: The Superior Chippewa Indians, Cloquet, end November 30, 2017.
Tribe does not have specific bag and Minnesota (Tribal Members Only). Daily Bag Limit: Two sandhill cranes.
possession restrictions for Tribal Crane carcass tags are required prior to
members. The season on harlequin duck Ducks
hunting.
is closed. 1854 and 1837 Ceded Territories
Sora and Virginia Rails
Coots Season Dates: Begin September 9 and
end November 30, 2017. All Areas
Season Dates: Same as ducks.
Daily Bag Limit: 18 ducks, including Season Dates: Begin September 1 and
Daily Bag and Possession Limits: no more than 12 mallards (only 3 of end November 30, 2017.
Same as ducks. which may be hens), 9 black ducks, 9 Daily Bag Limit: 25 sora and Virginia
Geese scaup, 9 wood ducks, 9 redheads, 9 rails, singly or in the aggregate.
pintails, and 9 canvasbacks. Common Snipe
Season Dates: Same as ducks.
Reservation All Areas
Daily Bag and Possession Limits:
Same as ducks. Season Dates: Begin September 1 and Season Dates: Begin September 1 and
Nontribal Hunters end November 30, 2017. end November 30, 2017.
Daily Bag Limit: 12 ducks, including Daily Bag Limit: Eight common snipe.
Ducks (Including Mergansers) no more than 8 mallards (only 2 of Woodcock
Season Dates: Open September 30, which may be hens), 6 black ducks, 6
scaup, 6 redheads, 6 pintails, 6 wood All Areas
2017, through January 7, 2018, and open
January 13 through 17, 2018. ducks, and 6 canvasbacks. Season Dates: Begin September 1 and
Mergansers end November 30, 2017.
Scaup Daily Bag Limit: Three woodcock.
Season Dates: Open September 30 1854 and 1837 Ceded Territories
Mourning Doves
through December 24, 2017. Season Dates: Begin September 9 and All Areas
Daily Bag and Possession Limits: end November 30, 2017.
Seven ducks, including no more than Daily Bag Limit: 15 mergansers, Season Dates: Begin September 1 and
two hen mallards, one pintail, three including no more than 6 hooded end November 30, 2017.
scaup (when open), two canvasback, Daily Bag Limit: 30 mourning doves.
mergansers.
and two redheads. The possession limit General Conditions
nlaroche on DSKBBV9HB2PROD with RULES
is three times the daily bag limit. Reservation
1. While hunting waterfowl, a tribal
Coots Season Dates: Begin September 1 and member must carry on his/her person a
end November 30, 2017. valid Ceded Territory License.
Season Dates: Same as ducks. Daily Bag Limit: 10 mergansers, 2. Shooting hours for migratory birds
Daily Bag and Possession Limits: 25 including no more than 4 hooded are one-half hour before sunrise to one-
and 25, respectively. mergansers. half hour after sunset.
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![Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations 41351
(1) Nontoxic shot will be required for General: Possession limits are twice Light Geese
all waterfowl hunting by tribal the daily bag limits. Season Dates: Open October 28, 2017,
members. (l) Lower Brule Sioux Tribe, Lower through February 11, 2018.
(2) Tribal members in each zone will Brule Reservation, Lower Brule, South Daily Bag and Possession Limits: 50
comply with tribal regulations Dakota (Tribal Members and Nontribal and no possession limit.
providing for closed and restricted Hunters). General Conditions: All hunters must
waterfowl hunting areas. These comply with the basic Federal migratory
regulations generally incorporate the Tribal Members
bird hunting regulations in 50 CFR part
same restrictions contained in parallel Ducks, Mergansers, and Coots 20, including the use of steel shot and
State regulations. shooting hours. Nontribal hunters must
D. Tribal members hunting in Season Dates: Open September 1,
2017, through March 10, 2018. possess a validated Migratory Bird
Michigan will comply with tribal codes Hunting and Conservation Stamp. The
that contain provisions parallel to Daily Bag and Possession Limits: Six
ducks, including no more than two hen Lower Brule Sioux Tribe has an official
Michigan law regarding duck blinds and Conservation Code that hunters must
decoys. mallards and five mallards total, two
pintail, two redheads, two canvasback, adhere to when hunting in areas subject
E. Possession limits are twice the to control by the Tribe.
daily bag limits. three wood ducks, three scaup, two
bonus teal during the first 16 days of the (m) [Reserved.]
(k) The Little Traverse Bay Bands of (n) Makah Indian Tribe, Neah Bay,
Odawa Indians, Petoskey, Michigan season, and one mottled duck. Coot
daily bag limit is 15. Merganser daily Washington (Tribal Members).
(Tribal Members Only).
bag limit is five, including no more than Band-Tailed Pigeons
Ducks two hooded mergansers. The possession
Season Dates: Open September 22
Season Dates: Open September 1, limit is three times the daily bag limit.
through October 23, 2017.
2017, through January 31, 2018. Canada Geese Daily Bag Limit: Two band-tailed
Daily Bag Limits: 20 ducks, including pigeons.
no more than 5 hen mallards, 5 black Season Dates: Open September 1,
ducks, 5 redheads, 5 wood ducks, 5 2017, through March 10, 2018. Ducks and Coots
pintail, 5 scaup, and 5 canvasback. Daily Bag and Possession Limits: 6 Season Dates: Open September 23,
and 18, respectively. 2017, through January 28, 2018.
Mergansers
White-Fronted Geese Daily Bag Limit: Seven ducks
Season Dates: Open September 15, including no more than five mallards
2017, through January 31, 2018. Season Dates: Open September 1, (only two of which can be a hen), one
Daily Bag Limits: 10 mergansers, 2017, through March 10, 2018. redhead, one pintail, three scaup, and
including no more than 5 hooded Daily Bag and Possession Limits: Two one canvasback. The seasons on wood
mergansers. and six, respectively. duck and harlequin are closed. The coot
Coots and Gallinules Light Geese daily bag limit is 25.
Season Dates: Open September 15 Season Dates: Open September 1, Geese
through December 31, 2017. 2017, through March 10, 2018. Season Dates: Open September 23,
Daily Bag Limit: 20. Daily Bag Limit: 20. 2017, through January 28, 2018.
Canada Geese Daily Bag Limit: Four, including no
Nontribal Hunters more than one brant. The seasons on
Season Dates: Open September 1, Ducks (Including Mergansers and Aleutian and dusky Canada geese are
2017, through February 8, 2018. Coots) closed.
Daily Bag Limit: 20 in the aggregate.
Season Dates: Open October 7, 2017, General Conditions
Sora and Virginia Rails through January 11, 2018. All other Federal regulations
Season Dates: Open September 1 Daily Bag and Possession Limits: Six contained in 50 CFR part 20 apply. The
through December 31, 2017. ducks, including five mallards (no more following restrictions also apply:
Daily Bag Limit: 20. of which can be two hen mallards), 1. As per Makah Ordinance 44, only
Snipe three scaup, two canvasback, two shotguns may be used to hunt any
redheads, three wood ducks, one species of waterfowl. Additionally,
Season Dates: Open September 1 mottled duck, and one pintail. Coot
through December 31, 2017. shotguns must not be discharged within
daily bag limit is 15. Merganser daily 0.25 miles of an occupied area.
Daily Bag Limit: 16. bag limit is five, including no more than 2. Hunters must be eligible, enrolled
Mourning Doves two hooded mergansers. The possession Makah tribal members and must carry
limit is three times the daily bag limit. their Indian Treaty Fishing and Hunting
Season Dates: Open September 1
through November 14, 2017. Canada Geese Identification Card while hunting. No
Daily Bag Limit: 15. tags or permits are required to hunt
Season Dates: Open October 28, 2017, waterfowl.
Woodcock through February 11, 2018. 3. The Cape Flattery area is open to
Season Dates: Open September 1 Daily Bag and Possession Limits: 6 waterfowl hunting, except in designated
nlaroche on DSKBBV9HB2PROD with RULES
through December 1, 2017. and 18, respectively. wilderness areas, or within 1 mile of
Daily Bag Limit: 10. White-fronted Geese Cape Flattery Trail, or in any area that
is closed to hunting by another
Sandhill Cranes Season Dates: Open October 28, 2017, ordinance or regulation.
Season Dates: Open September 1 through January 23, 2018. 4. The use of live decoys and/or
through December 1, 2017. Daily Bag and Possession Limits: Two baiting to pursue any species of
Daily Bag Limit: 1. and six, respectively. waterfowl is prohibited.
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![41354 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
established by the Shoshone–Bannock which will be enforced by the Brant
Tribes also apply on the reservation. Stillaguamish Tribal Law Enforcement. Season Dates: Open September 3,
(u) [Reserved.] Tribal members are required to use steel 2017, through February 28, 2018.
(v) Spokane Tribe of Indians, Spokane shot or a nontoxic shot as required by Daily Bag and Possession Limits: Two
Indian Reservation and Ceded Lands, Federal regulations. and four brant, respectively.
Wellpinit, Washington (Tribal Members (y) Swinomish Indian Tribal
Only). Community, LaConner, Washington Coots
(Tribal Members Only). Season Dates: Open September 3,
Ducks
Ceded Territory and Swinomish 2017, through February 28, 2018.
Season Dates: Open September 2, Daily Bag and Possession Limits: 25
2017, through January 31, 2018. Reservation
and 25 coots, respectively.
Daily Bag and Possession Limits: Ducks and Mergansers
Seven ducks, including no more than Snipe
Season Dates: Open September 1,
two hen mallards, two pintail, two 2017, through March 9, 2018. Season Dates: Open September 3,
canvasback, three scaup, and two Daily Bag and Possession Limits: 20 2017, through February 28, 2018.
redheads. Possession limit is twice the and 40, respectively. Daily Bag and Possession Limits: 8
daily bag limit. and 16 snipe, respectively.
Canada Geese General Conditions: All tribal hunters
Geese
Season Dates: Open September 1, must have a valid Tribal identification
Season Dates: Open September 2, 2017, through March 9, 2018. card on his or her person while hunting.
2017, through January 31, 2018. Daily Bag and Possession Limits: 10 All nontribal hunters must obtain and
Daily Bag and Possession Limits: Four and 20 geese, respectively. possess while hunting a valid Tulalip
dark geese and six light geese. Tribe hunting permit and be
Possession limit is twice the daily bag Brant accompanied by a Tulalip Tribal
limit. Season Dates: Open September 1, member. Shooting hours are one-half
General Conditions: All tribal hunters 2017, through March 9, 2018. hour before sunrise to sunset, and steel
must have a valid Tribal identification Daily Bag and Possession Limits: 5 shot is required for all migratory bird
card on his or her person while hunting. and 10 brant, respectively. hunting. Hunters must observe all other
Shooting hours are one-half hour before basic Federal migratory bird hunting
sunrise to sunset, and steel shot is Coots
regulations in 50 CFR part 20.
required for all migratory bird hunting. Season Dates: Open September 1, (aa) Upper Skagit Indian Tribe, Sedro
Hunters must observe all other basic 2017, through March 9, 2018. Woolley, Washington (Tribal Members
Federal migratory bird hunting Daily Bag and Possession Limits: 25 Only).
regulations in 50 CFR part 20. and 75 coots, respectively.
(w) [Reserved.] Mourning Doves
(x) Stillaguamish Tribe of Indians, Mourning Dove
Season Dates: Open September 1
Arlington, Washington (Tribal Members Season Dates: Open September 1, through December 31, 2017.
Only). 2017, through March 9, 2018. Daily Bag and Possession Limits: 12
Daily Bag and Possession Limits: 15 and 15 mourning doves, respectively.
Common Snipe and 30 mourning dove, respectively.
Season Dates: Open October 1, 2017, Ducks
through January 31, 2018. Band-Tailed Pigeon
Season Dates: Open October 1, 2017,
Daily Bag and Possession Limits: 10 Season Dates: Open September 1, through February 28, 2018.
and 30, respectively. 2017, through March 9, 2018. Daily Bag and Possession Limits: 15
Daily Bag and Possession Limits: and 20, respectively.
Ducks Three and six band-tailed pigeon,
Season Dates: Open October 1, 2017, respectively. Coots
through March 10, 2018. (z) The Tulalip Tribes of Washington, Season Dates: Open October 1, 2017,
Daily Bag and Possession Limits: 10 Tulalip Indian Reservation, Marysville, through February 15, 2018.
ducks. The possession limit is three Washington (Tribal Members Only). Daily Bag and Possession Limits: 20
times the daily bag limit. and 30, respectively.
Ducks and Mergansers
Coots Season Dates: Open September 3, Geese
Season Dates: Open October 1, 2017, 2017, through February 28, 2018. Season Dates: Open October 1, 2017,
through March 10, 2018. Daily Bag and Possession Limits: through February 28, 2018.
Daily Bag and Possession Limits: 25 Seven ducks, including no more than Daily Bag and Possession Limits: 7
coots. The possession limit is three two hen mallards, one pintail, two and 10 geese, respectively.
times the daily bag limit. canvasback, three scaup, and two
Brant
redheads. Possession limit is twice the
Geese Season Dates: Open November 1
daily bag limit.
Season Dates: Open October 1, 2017, through November 10, 2017.
through March 10, 2018. Geese Daily Bag and Possession Limits: Two
nlaroche on DSKBBV9HB2PROD with RULES
Daily Bag and Possession Limits: 6 Season Dates: Open September 3, and two, respectively.
and 18, respectively. The season on 2017, through February 28, 2018. General Conditions: Tribal members
brant is closed. Daily Bag and Possession Limits: must have the tribal identification and
General Conditions: Tribal members Seven geese, including no more than harvest report card on their person to
hunting on lands will observe all basic four cackling and dusky Canada geese. hunt. Tribal members hunting on the
Federal migratory bird hunting Possession limit is twice the daily bag Reservation will observe all basic
regulations found in 50 CFR part 20, limit. Federal migratory bird hunting
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![Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations 41355
regulations found in 50 CFR part 20, Ducks Mourning Doves (Wildlife Management
except shooting hours would be 15 Unit 10 and Areas South of Y–70 and
minutes before official sunrise to 15 Season Dates: Open September 9
Y–10 in Wildlife Management Unit 7,
minutes after official sunset. through December 17, 2017.
Only)
(bb) Wampanoag Tribe of Gay Head, Daily Bag Limit for Ducks: 10 ducks,
Aquinnah, Massachusetts (Tribal including no more than 2 female Season Dates: Open September 1
Members Only). mallards, 1 pintail, and 1 canvasback. through 15, 2017.
Teal Mergansers Daily Bag and Possession Limits: 10
and 20 doves, respectively.
Season Dates: Open October 9, 2017, Season Dates: Open September 9
through February 17, 2018. through December 17, 2017. Ducks and Mergansers
Daily Bag Limits: 10 teal.
Daily Bag Limit for Mergansers: Five Season Dates: Open October 14, 2017,
Ducks mergansers, including no more than two through January 28, 2018.
Season Dates: Open October 9, 2017, hooded mergansers.
through February 17, 2018. Scaup
Geese
Daily Bag Limits: Six ducks, including Season Dates: Open November 4,
no more than four hen mallards, six Season Dates: Open September 1
through December 17, 2017. 2017, through January 28, 2018.
black ducks, four mottled ducks, one
fulvous whistling duck, four Daily Bag Limit: 12 geese through Daily Bag Limits: Seven including no
mergansers, three scaup, two hooded September 22, 2017, and 5 thereafter. more than two redheads, one pintail,
merganser, three wood ducks, one three scaup (when open), seven
canvasback, two redheads, and two Coots mallards (including no more than two
pintail. The season is closed for Season Dates: Open September 1 hen mallards), and two canvasback.
harlequin ducks. through November 30, 2017. Possession Limits: Twice the daily bag
Sea Ducks Daily Bag Limit: 20 coots. limit.
Season Dates: Open October 2, 2017, Snipe Coots
through February 17, 2018.
Daily Bag Limits: Seven ducks Season Dates: Open September 1 Season Dates: Open October 15, 2017,
including no more than four of any one through November 30, 2017. through January 29, 2018.
species (only one of which may be a hen Daily Bag Limit: 10 snipe. Daily Bag and Possession Limits: 25
eider). and 50, respectively.
Mourning Dove
Woodcock Canada Geese
Season Dates: Open September 1
Season Dates: Open October 9 through November 30, 2017.
through November 25, 2017. Season Dates: Open October 14, 2017,
Daily Bag Limits: Three woodcock. Daily Bag Limit: 25 mourning dove. through January 28, 2018.
Woodcock Daily Bag and Possession Limits:
Canada Geese
Three and six Canada geese,
Season Dates: Open September 4 Season Dates: Open September 1 respectively.
through 16, 2017, and open October 23, through November 30, 2017.
2017, through February 17, 2018. General Conditions: All nontribal
Daily Bag Limit: 10 woodcock.
Daily Bag Limits: Eight Canada geese. hunters hunting band-tailed pigeons
Rail and mourning doves on Reservation
Snow Geese lands shall have in their possession a
Season Dates: Open September 1
Season Dates: Open September 4 valid White Mountain Apache Daily or
through November 30, 2017.
through 16, 2017, and open November Yearly Small Game Permit. In addition
20, 2017, through February 17, 2018. Daily Bag Limit: 25 rail. to a small game permit, all nontribal
Daily Bag Limits: 15 snow geese. General Conditions: Shooting hours hunters hunting band-tailed pigeons
are one-half hour before sunrise to one- must have in their possession a White
Sora and Virginia Rails half hour after sunset. Nontoxic shot is Mountain Special Band-tailed Pigeon
Season Dates: Open September 4 required. All other basic Federal Permit. Other special regulations
through November 4, 2017. migratory bird hunting regulations established by the White Mountain
Daily Bag Limits: 5 sora and 10 contained in 50 CFR part 20 will be Apache Tribe apply on the reservation.
Virginia rails. observed. Tribal and nontribal hunters will
Snipe (dd) White Mountain Apache Tribe, comply with all basic Federal migratory
Fort Apache Indian Reservation, bird hunting regulations in 50 CFR part
Season Dates: Open September 4
Whiteriver, Arizona (Tribal Members 20 regarding shooting hours and manner
through December 9, 2017.
and Nontribal Hunters). of taking.
Daily Bag Limits: Eight snipe.
General Conditions: Shooting hours Band-Tailed Pigeons (Wildlife Dated: August 24, 2017.
are one-half hour before sunrise to Management Unit 10 and Areas South Todd D. Willens,
nlaroche on DSKBBV9HB2PROD with RULES
sunset. Nontoxic shot is required. All of Y–70 and Y–10 in Wildlife
other basic Federal migratory bird Acting Assistant Secretary for Fish and
Management Unit 7, Only)
hunting regulations contained in 50 CFR Wildlife and Parks.
part 20 will be observed. Season Dates: Open September 1 [FR Doc. 2017–18401 Filed 8–30–17; 8:45 am]
(cc) White Earth Band of Ojibwe, through 15, 2017. BILLING CODE 4333–15–P
White Earth, Minnesota (Tribal Daily Bag and Possession Limits:
Members Only). Three and six pigeons, respectively.
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Document Created: 2017-09-23 10:08:23
Document Modified: 2017-09-23 10:08:23
| 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 | Interim final rule. | |
| Dates | This rule takes effect on September 1, 2017. Comments on this rule must be received by September 21, 2017. | |
| 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 | 82 FR 41344 | |
| RIN Number | 1018-BB40 | |
| CFR Associated | Exports; Hunting; Imports; Reporting and Recordkeeping Requirements; Transportation and Wildlife |
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