83 FR 42789 - Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2018-19 Season
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 165 (August 24, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 165 (August 24, 2018)
| Page Range | 42789-42802 | |
| FR Document | 2018-18382 |
[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)] [Rules and Regulations] [Pages 42789-42802] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18382] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 [Docket No. FWS-HQ-MB-2017-0028; FF09M21200-178-FXMB1231099BPP0] RIN 1018-BB73 Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2018-19 Season AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule prescribes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off- reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions. DATES: This rule takes effect on August 24, 2018. ADDRESSES: You may inspect comments received on the special hunting regulations and Tribal proposals during normal business hours at U.S. Fish and Wildlife Headquarters, 5275 Leesburg Pike, Falls Church, VA 22041-3803, or at http://www.regulations.gov at Docket No. FWS-HQ-MB- 2017-0028. 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, [[Page 42790]] captured, killed, possessed, sold, purchased, shipped, carried, exported, or transported. In the May 23, 2018, Federal Register (83 FR 23869), we proposed special migratory bird hunting regulations for the 2018-19 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. In the August 3, 2017, Federal Register (82 FR 36308), we requested that tribes desiring special hunting regulations in the 2018-19 hunting season submit a proposal including details on: (1) Harvest anticipated under the requested regulations; (2) Methods that would be employed to measure or monitor harvest (such as bag checks, mail questionnaires, etc.); (3) Steps that would be taken to limit level of harvest, where it could be shown that failure to limit such harvest would adversely impact the migratory bird resource; and (4) Tribal capabilities to establish and enforce migratory bird hunting regulations. No action is required if a tribe wishes to observe the hunting regulations established by the State(s) in which an Indian reservation is located. We have successfully used the guidelines since the 1985-86 hunting season. We finalized the guidelines beginning with the 1988-89 hunting season (August 18, 1988, Federal Register [53 FR 31612]). The final rule described here is the final in the series of proposed and final rulemaking documents for Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2018-19 Season. This rule sets hunting seasons, hours, areas, and limits for migratory game bird species on reservations and ceded territories. This final rule is the culmination of the rulemaking process for the Tribal migratory game bird hunting seasons, which started with the August 3, 2017, proposed rule. This final rule sets the Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2018-19 Season. 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 website at https://www.fws.gov/birds/surveys-and-data/reports-and-publications/population-status.php. We used the following reports: Adaptive Harvest Management, 2018 Hunting Season (September 2017); American Woodcock Population Status, 2017 (August 2017); Band-tailed Pigeon Population Status, 2017 (August 2017); Migratory Bird Hunting Activity and Harvest During the 2015-16 and 2016-17 Hunting Seasons (August 2017); Mourning Dove Population Status, 2017 (August 2017); Status and Harvests of Sandhill Cranes, Mid- continent, Rocky Mountain, Lower Colorado River Valley and Eastern Populations, 2017 (August 2017); and Waterfowl Population Status, 2017 (August 2017). Comments and Issues Concerning Tribal Proposals For the 2018-19 migratory bird hunting season, we proposed regulations for 30 Tribes or Indian groups that followed the 1985 guidelines and were considered appropriate for final rulemaking. However, at that time, we noted in the May 23 proposed rule that we were proposing seasons for six Tribes who have submitted proposals in past years but from whom we had not yet received proposals this year. We did not receive proposals from three of those Tribes and, therefore, have not included them in this final rule. The comment period for the May 23 proposed rule closed on June 22, 2018. We received five comments on our May 23 proposed rule, which announced proposed seasons for migratory bird hunting by American Indian Tribes. Significant comments are addressed below. Written Comments: The Wisconsin Department of Natural Resources (WDNR) reiterated their past comments of being strongly opposed to allowing the use of electronic calls, hand nets, and snares on ceded lands (see February 5, 2018, Federal Register (83 FR 5037) for additional details). They stated that if approved, they should only be allowed on tribal lands, not State public lands, where the possibility of potential conflicts exists. The Great Lakes Indian Fish and Wildlife Commission (GLIFWC) supported the proposed regulations and urged the timely approval and publishing of a final rule prior to the scheduled September 1, 2018, opening of the seasons. Several individuals also provided comment. One commenter protested the entire migratory bird hunting regulations process and the killing of all migratory birds. Another commenter believed we should approve the proposed special migratory bird hunting Tribal seasons, while another believed we needed to publish the final tribal regulations prior to the season opening of September 1, 2018, unlike the previous year. Service Response: In the February 5, 2018, Federal Register (83 FR 5037), we responded in detail to WDNR's comments regarding our approval of the GLIFWC's proposal. However, as an aid to the reader, we again summarize and respond here. Allowing electronic calls. In the 1837 and 1842 Treaty Areas, GLIFWC proposes allowing an experimental application of electronic calls with up to 50 Tribal hunters allowed to use the devices. Individuals using electronic calls will be required to obtain a special Tribal permit, complete a hunt diary for each hunt where the devices are used, and submit the hunt diary to the Commission within 2 weeks of the end of the season in order to be eligible to obtain a permit for the following year. GLIFWC will require hunters to record the date, time, and location of each hunt; the number of hunters; the number of each species harvested per hunting event; if other hunters were in the area, any interactions with other hunters; and other information GLIFWC deems appropriate. GLIFWC will then summarize the diary results and submit a report to the Service. Barring unforeseen results, GLIFWC proposes that this experimental application be replicated for 3 years, after which a full evaluation would be completed. [[Page 42791]] As we have stated over the last 7 years (76 FR 54676, September 1, 2011; 77 FR 54451, September 5, 2012; 78 FR 53218, August 28, 2013; 79 FR 52226, September 3, 2014; 80 FR 52663, September 1, 2015; 81 FR 62404, September 9, 2016; 83 FR 5037, February 5, 2018), the issue of allowing electronic calls and other electronic devices for migratory game bird hunting has been highly debated and highly controversial over the last 40 years, similar to other prohibited hunting methods. Electronic calls, i.e., the use or aid of recorded or electronic amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds to lure or attract migratory game birds to hunters, were Federally prohibited in 1957, because of their effectiveness in attracting and aiding the harvest of ducks and geese and because they are generally not considered a legitimate component of hunting (see restriction in 50 CFR 20.21(g)). In our previous responses on this issue, we have also discussed information stemming from the use of electronic calls during the special light-goose seasons and our conclusions as to its applicability to most other waterfowl species. Given available evidence on the effectiveness of electronic calls, we continue to be concerned about the large biological uncertainty surrounding any widespread use of electronic calls. Additionally, given the fact that tribal waterfowl hunting covered by this rule would occur on ceded lands that are not in the ownership of the Tribes, we remain concerned that the use of electronic calls to take waterfowl could lead to confusion on the part of the public, wildlife-management agencies, and law enforcement officials in implementing the requirements of 50 CFR part 20. Further, similar to the impacts of baiting, we have some concerns on the uncertain zone of influence range from the use of electronic calls, which could potentially increase harvest from non-tribal hunters operating within areas where electronic calls are used during the dates of the general hunt. However, unlike baiting, once the electronic call is removed from an area, the attractant or lure is immediately removed with presumably little to no lingering effects. Notwithstanding our above concerns, we understand and appreciate GLIFWC's position on this issue; their desire to increase tribal hunter opportunity, harvest, and participation; and the importance that GLIFWC has ascribed to these issues. GLIFWC has proposed a limited use of electronic calls under an experimental design with up to only 50 Tribal hunters wherein hunters would be required to obtain special permits and complete and submit a hunt diary for each hunt where electronic calls were used. Further, given GLIFWC's extremely limited current and expected waterfowl harvest (fewer than 3,000 ducks and 600 geese) and hunter participation (limited to 50 hunters), our concerns for any potential biological impacts are significantly lessened. Therefore, we agree with the tribes that much of the large uncertainty surrounding any widespread use of electronic calls could be potentially controlled, or significantly lessened, by this very modest experiment. Thus, we are approving GLIFWC's limited experimental approach with the hope of gaining additional information and knowledge about the use of electronic calls and their effects on waterfowl. Ideally, this limited approach includes utilizing electronic calls both for Canada geese (where they may already be used in some instances) and new efforts for ducks. Important data related to tribal hunter interest, participation, effects on targeted species, and harvest needs are to be closely tracked and reported, as GLIFWC has agreed. We conclude that the experimental removal of the electronic call prohibition, with the proposed limited design, is consistent with helping address and answer some of our long-standing concerns, and thus we approve GLIFWC's proposal to allow the experimental use of electronic calls in the 1837 and 1842 Treaty Areas for any open season for a 3-year experimental period. Use of hand-held nets and snares. GLIFWC proposed that we allow tribal members to take migratory birds (primarily waterfowl) with the use of hand-held nets, hand-held snares, and the capturing of birds by hand in the 1837 and 1842 Treaty Areas. GLIFWC's proposal for the use of nets and snares and capturing by hand would include the take of birds at night. Non-attended nets or snares would not be authorized under this proposal. Tribal members using nets or snares to take migratory birds, or taking birds by hand, would be required to obtain a special Tribal permit, complete a hunt diary for each hunt where these methods are used, and submit the hunt diary to the Commission within 2 weeks of the end of the season in order to be eligible to obtain a permit to net migratory birds for the following year. GLIFWC-required information would include the date, time, and location of the hunt; number of hunters; the number of each species harvested per hunting event; and other information GLIFWC deems appropriate. Diary results would then be summarized and documented in a GLIFWC report, which would be submitted to the Service. Barring unforeseen results, GLIFWC proposes that this experimental application be replicated for 3 years, after which a full evaluation would be completed. Current regulations at 50 CFR part 20 do not allow the use of traps, nets, or snares to capture migratory game birds (see Sec. 20.21(a)), and we are unaware of any current State regulations allowing the use of traps for the capture of resident game birds. While the use of traps or nets for birds is not generally considered a sport-hunting technique, we recognize that their use may be a customary and traditional hunting method by tribal members. Further, GLIFWC's netting and trapping proposal does not allow baiting (which could lead to concerns related to potential disease transmission) or the herding of waterfowl into traps when they are largely flightless, such as during the summer molt. Practices such as these would significantly increase our concerns. As such, and recognizing the importance GLIFWC has placed on this issue, we are not opposed to the trapping of migratory birds, especially given all the GLIFWC-proposed restrictions on their use and the fact that they will be monitored at all times. Thus, we agree with the GLIFWC proposal and conclude that the restrictions they have proposed are appropriate to begin a 3-year experimental evaluation. Use of hunter diaries. For both use of electronic calls and hand- nets and snares, GLIFWC has proposed that hunters be required to complete and submit a hunt diary in order to receive a special hunting permit the following year. Despite commenters stating that these tribal self-reporting requirements have not been productive in the past, this methodology, with GLIFWC's commitment, will provide us with useful information to help assess the program's effectiveness, user conflicts, hunter participation, and harvest. Given the relatively small size of the program and the anticipated participation and harvest, we see little need for GLIFWC staff to conduct field observations as States or Flyways (with thousands of hunters and potentially tens of thousands in anticipated harvest) have done for other experimental seasons. However, if we see that either the quality of information being yielded is not sufficient for our purposes or the level of impacts is more than anticipated and may warrant field observers and/or a more rigorous study [[Page 42792]] approach, we will work with GLIFWC to address these issues. Limiting activities to Tribal lands. WDNR requested that any of GLIWFC's proposals, if approved, be limited to Tribal lands only, or be prohibited on all State lands. They state that allowing the use of electronic calls, hand-held nets, and snares on all ceded lands increases the potential for conflicts with the general hunting public and creates a challenge for law enforcement. While we acknowledge that the potential for conflict exists, limiting GLIFWC's proposals to either Tribal lands only or non-State lands would severely limit GLIFWC's available hunting options. Some member tribes have relatively small reservations. State and County lands are a large and important component of ceded lands. Further, other hunting rights are exercised on ceded lands, along with methods and means not available to the general hunting public. Given the above and the very limited nature of the proposed experiment, we see no justification for restricting these hunting methods and means to either Tribal lands or non-State lands. Individual, more generalized comments. Our long-term objectives continue to include providing opportunities to harvest portions of certain migratory game bird populations and to limit harvests to levels compatible with each population's ability to maintain healthy, viable numbers. Further, there exists a long history of establishing hunting seasons for migratory game bird species such as waterfowl, cranes, woodcock, doves, and migratory shore and upland game birds. Tribes, such as those included in this final rule, have hunted these species before and since the inception of our establishment of migratory game bird hunting seasons. These seasons are culturally important to them, and applicable treaties allow for hunting of these species. Having taken into account the zones of temperature and the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory game birds, we conclude that the hunting seasons provided for herein are compatible with the current status of migratory bird populations and long-term population goals. Additionally, we are obligated to, and do, give serious consideration to all information received as public comment. We continue to conclude that the current Flyway-Council system of migratory bird management is one of the most longstanding, successful examples of State-Federal cooperative management since its establishment in 1952. Likewise, the establishment of special tribal migratory bird hunting regulations has been a successful Federal-Tribal partnership since 1988. However, as always, we continue to seek new ways to improve the process. Required Determinations Executive Order 13771--Reducing Regulation and Controlling Regulatory Costs This final rule is not subject to the requirements of Executive Order (E.O.) 13771 (82 FR 9339, February 3, 2017) because this final rule establishes annual harvest limits related to routine hunting or fishing. 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 2018- 19,'' with its corresponding May 2018, finding of no significant impact. The programmatic document, as well as the separate environmental assessment, is available on our website at https://www.fws.gov/birds/index.php or from the person indicated under the caption FOR FURTHER INFORMATION CONTACT. Endangered Species Act Consideration Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), provides that, ``The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this Act'' (and) shall ``insure that any action authorized, funded, or carried out * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat. * * *.'' Consequently, we conducted formal consultations to ensure that actions resulting from these regulations would not likely jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitat. Findings from these consultations are included in a biological opinion, which concluded that the regulations are not likely to jeopardize the continued existence of 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 reviewed this rule and has determined that this rule is significant because it would have an annual effect of $100 million or more on the economy. 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 have developed this rule in a manner consistent with these requirements. An economic analysis was prepared for the 2018-19 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 under Regulatory Flexibility Act, below). This analysis estimated consumer surplus for three alternatives for duck hunting (estimates for other species are not quantified due to lack of data). The alternatives are (1) issue restrictive regulations allowing fewer days than those issued during the 2017-18 season, (2) issue moderate regulations allowing more days than those in alternative 1, and (3) issue liberal regulations identical to the regulations in the 2017-18 season. For the 2018-19 season, we chose Alternative 3, with an estimated consumer surplus across all flyways of $334-$440 million with a mid-point estimate of $387 million. We also chose [[Page 42793]] alternative 3 for the 2009-10, the 2010-11, the 2011-12, the 2012-13, the 2013-14, the 2014-15, the 2015-16, the 2016-17, and the 2017-18 seasons. The 2018-19 analysis is part of the record for this rule and is available at http://www.regulations.gov at Docket No. FWS-HQ-MB- 2017-0028. 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, 2013, and 2018. 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 2018 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 2018. 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- 2017-0028. 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 will 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 collection of information that requires approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). OMB has previously approved the information collection requirements associated with migratory bird surveys and the procedures for establishing annual migratory bird hunting seasons under the following OMB control numbers:1018-0019, ``North American Woodcock Singing Ground Survey'' (expires 6/30/2021). 1018-0023, ``Migratory Bird Surveys, 50 CFR 20.20'' (expires 8/31/2020). Includes Migratory Bird Harvest Information Program, Migratory Bird Hunter Surveys, Sandhill Crane Survey, and Parts Collection Survey. 1018-0171, ``Establishment of Annual Migratory Bird Hunting Seasons, 50 CFR part 20'' (expires 06/30/2021). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Unfunded Mandates Reform Act We have determined and certify, in compliance with the requirements of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State government or private entities. Therefore, this rule is not a ``significant regulatory action'' under the Unfunded Mandates Reform Act. Civil Justice Reform--Executive Order 12988 The Department, in promulgating this rule, has determined that this rule will not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of 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 will not result in the physical occupancy of property, the physical invasion of property, or the regulatory taking of any property. In fact, this rule will 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 and have determined that there are no effects on Indian trust resources. We have consulted with Tribes affected by this 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. Regulations Promulgation The rulemaking process for migratory game bird hunting, by its nature, operates under a time constraint as seasons must be established each year or hunting seasons remain closed. However, we intend that the public be provided extensive opportunity for public input and involvement in compliance with Administrative Procedure Act requirements. Thus, when the preliminary proposed rulemaking was published, we established what we concluded were the longest periods possible for public comment and the most opportunities for [[Page 42794]] public involvement. We also provided notification of our participation in multiple Flyway Council meetings, opportunities for additional public review and comment on all Flyway Council proposals for regulatory change, and opportunities for additional public review during the Service Regulations Committee meeting. Therefore, sufficient public notice and opportunity for involvement have been given to affected persons regarding the migratory bird hunting frameworks for the 2018-19 hunting seasons. Further, after establishment of the final frameworks, States and Tribes need sufficient time to conduct their own public processes to select season dates and limits; to communicate those selections to us; and to establish and publicize the necessary regulations and procedures to implement their decisions. Thus, if there were a delay in the effective date of these regulations after this final rulemaking, States and Tribes might not be able to meet their own administrative needs and requirements. For the reasons cited above, we find that ``good cause'' exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and these frameworks will take effect immediately upon publication. Accordingly, with each participating Tribe having had an opportunity to participate in selecting the hunting seasons desired for its reservation or ceded territory on those species of migratory birds for which open seasons are now prescribed, and consideration having been given to all other relevant matters presented, certain sections of title 50, chapter I, subchapter B, part 20, subpart K, are hereby amended as set forth below. List of Subjects in 50 CFR Part 20 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. Accordingly, part 20, subchapter B, chapter I of title 50 of the Code of Federal Regulations is amended as follows: PART 20--MIGRATORY BIRD HUNTING 0 1. The authority citation for part 20 continues to read as follows: Authority: 16 U.S.C. 703 et seq., and 16 U.S.C. 742a-j. (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) 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, 2018, through March 9, 2019. 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 22, 2018, through January 7, 2019. Scaup Season Dates: Open September 22 through December 17, 2018. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, two pintail, three scaup (when open), two canvasback, and two redheads. The possession limit is three times the daily bag limit. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 and 25, respectively. Geese Dark Geese Season Dates: Open September 22, 2018, through January 7, 2019. 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. (b) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, Minnesota (Tribal Members Only). Ducks 1854 and 1837 Ceded Territories Season Dates: Begin September 8 and end November 30, 2018. 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, 2018. 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 8 and end November 30, 2018. Daily Bag Limit: 15 mergansers, including no more than 6 hooded mergansers. Reservation Season Dates: Begin September 1 and end November 30, 2018. 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, 2018. Daily Bag Limit: 20 geese. Reservation Season Dates: Begin September 1 and end November 30, 2018. Daily Bag Limit: 20 geese. Coots and Common Moorhens (Common Gallinules) 1854 and 1837 Ceded Territories Season Dates: Begin September 8 and end November 30, 2018. Daily Bag Limit: 20 coots and common moorhens, singly or in the aggregate. [[Page 42795]] Reservation Season Dates: Begin September 1 and end November 30, 2018. 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, 2018. 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, 2018. 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, 2018. Daily Bag Limit: Eight common snipe. Woodcock All Areas Season Dates: Begin September 1 and end November 30, 2018. Daily Bag Limit: Three woodcock. Mourning Doves All Areas Season Dates: Begin September 1 and end November 30, 2018. Daily Bag Limit: 30 mourning doves. General Conditions 1. While hunting waterfowl, a tribal member must carry on his/her person a valid Ceded Territory License. 2. Shooting hours for migratory birds are one-half hour before sunrise to one-half hour after sunset. 3. Except as otherwise noted, tribal members will be required to comply with tribal codes that will be no less restrictive than the provisions of Chapter 10 of the Model Off-Reservation Code. Except as modified by the Service rules adopted in response to this proposal, these amended regulations parallel Federal requirements in 50 CFR part 20 as to hunting methods, transportation, sale, exportation, and other conditions generally applicable to migratory bird hunting. 4. Band members in each zone will comply with State regulations providing for closed and restricted waterfowl hunting areas. 5. There are no possession limits for migratory birds. For purposes of enforcing bag limits, all migratory birds in the possession or custody of band members on ceded lands will be considered to have been taken on those lands unless tagged by a tribal or State conservation warden as having been taken on-reservation. All migratory birds that fall on reservation lands will not count as part of any off-reservation bag or possession limit. (c) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, Michigan (Tribal Members Only). Ducks Season Dates: Open September 1, 2018, through January 20, 2019. Daily Bag Limit: 35 ducks, which may include no more than 8 pintail, 4 canvasback, 8 black ducks, 5 hooded merganser, 8 wood ducks, 8 redheads, and 20 mallards (only 10 of which may be hens). Canada and Snow Geese Season Dates: Open September 1, 2018, through February 15, 2019. Daily Bag Limit: 15 geese. Other Geese (White-Fronted Geese and Brant) Season Dates: Open September 20 through December 30, 2018. Daily Bag Limit: Five geese. Sora Rails, Common Snipe, and Woodcock Season Dates: Open September 1 through November 14, 2018. Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock. Mourning Doves Season Dates: Open September 1 through November 14, 2018. Daily Bag Limit: 25 mourning doves. Sandhill Crane Season Dates: Open September 1 through November 14, 2018. Daily Bag Limit: 2 sandhill crane, with a season limit of 10. 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. (d) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin (Tribal Members Only). The 2018-19 waterfowl hunting season regulations apply to all treaty areas (except where noted): Ducks Season Dates: Begin September 1 and end December 31, 2018. 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, 2018. Daily Bag Limit: 10 mergansers. Geese Season Dates: Begin September 1 and end December 31, 2018. 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, 2018. 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, 2018. Daily Bag and Possession Limits: 20, singly, or in the aggregate, 25. Common Snipe Season Dates: Begin September 1 and end December 31, 2018. Daily Bag Limit: 16 common snipe. Woodcock Season Dates: Begin September 4 and end December 31, 2018. Daily Bag Limit: 10 woodcock. Mourning Dove: 1837 and 1842 Ceded Territories Only Season Dates: Begin September 1 and end November 29, 2018. Daily Bag Limit: 15 mourning doves. Sandhill Cranes Season Dates: Begin September 1 and end December 31, 2018. Daily Bag Limit: 2 cranes in the 1837 and 1842 Treaty Area and no season bag limit; 1 crane with a season bag limit of 3 in the 1836 Treaty Area. Swans: 1837 and 1842 Ceded Territories Only Season Dates: Begin September 1 and end December 31, 2018. Daily Bag/Season Limit: 2 swans. All harvested swans must be registered by presenting the fully-feathered carcass to a tribal registration station or GLIFWC [[Page 42796]] warden, to be identified to species. If the total number of trumpeter swans harvested reaches 10, the swan season will be closed by emergency tribal rule. General Conditions A. All tribal members are required to obtain a valid tribal waterfowl hunting permit. B. Except as otherwise noted, tribal members are required to comply with tribal codes that are no less restrictive than the model ceded territory conservation codes approved by Federal courts in the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs Band v. State of Minnesota cases. Chapter 10 in each of these model codes regulates ceded territory migratory bird hunting. Both versions of Chapter 10 parallel Federal requirements as to hunting methods, transportation, sale, exportation, and other conditions generally applicable to migratory bird hunting. They also automatically incorporate by reference the Federal migratory bird regulations. C. Particular regulations of note include: 1. Nontoxic shot is required for all waterfowl hunting by tribal members. 2. Tribal members in each zone must comply with tribal regulations providing for closed and restricted waterfowl hunting areas. These regulations generally incorporate the same restrictions contained in parallel State regulations. 3. There are no possession limits, with the exception of 2 swans (in the aggregate) and 25 rails (in the aggregate). For purposes of enforcing bag limits, all migratory birds in the possession and custody of tribal members on ceded lands are considered to have been taken on those lands unless tagged by a tribal or State conservation warden as taken on reservation lands. All migratory birds that fall on reservation lands do not count as part of any off-reservation bag or possession limit. 4. There are no shell limit restrictions. 5. Hunting hours are from 30 minutes before sunrise to 30 minutes after sunset, except that, within the 1837 and 1842 ceded territories hunters may use non-mechanical nets or snares that are operated by hand to take those birds subject to an open hunting season at any time. Hunters shall be permitted to capture, without the aid of other devices (i.e., by hand) and immediately kill birds subject to an open season, regardless of time of day. See #7 below for further explanation. 6. An experimental application of electronic calls (e-calls) will be implemented in the 1837 and 1842 ceded territories. Up to 50 tribal hunters will be allowed to use e-calls. Individuals using e-calls will be required to obtain a special permit; they will be required to complete a hunt diary for each hunt where e-calls are used; and they will be required to submit the hunt diary to the Commission within two (2) weeks of the end of the season in order to be eligible to obtain an e-call permit for the following year. Required information will include the date, time and location of the hunt, number of hunters, the number of each species harvested per hunting event, if other hunters were in the area, any interactions with other hunters, and other information deemed appropriate. Diary results will be summarized and documented in a Commission report, which will be submitted to the Service. Barring unforeseen results, this experimental application would be replicated for 3 years, after which a full evaluation would be completed. 7. Within the 1837 and 1842 ceded territories, tribal members will be allowed to use non-mechanical, hand-operated nets (i.e., throw/cast nets or hand-held nets typically used to land fish) and/or hand- operated snares, and may chase and capture migratory birds without the aid of hunting devices (i.e., by hand). At this time, non-attended nets or snares shall not be authorized under this regulation. Tribal members using nets or snares to take migratory birds, or taking birds by hand, will be required to obtain a special permit; they will be required to complete a hunt diary for each hunt where these methods are used; and they will be required to submit the hunt diary to the Commission within two (2) weeks of the end of the season in order to be eligible to obtain a permit to net migratory birds for the following year. Required information will include the date, time and location of the hunt, number of hunters, the number of each species harvested per hunting event, and other information deemed appropriate. Diary results will be summarized and documented in a Commission report, which will be submitted to the Service. Barring unforeseen results, this experimental application would be replicated for 3 years, after which a full evaluation would be completed. (e) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New Mexico (Tribal Members and Nontribal Hunters). Ducks (Including Mergansers) Season Dates: Open October 6 through November 30, 2018. Daily Bag and Possession Limits: The daily bag limit is seven, including no more than two hen mallards, two pintail, two redheads, two canvasback, and three scaup. The possession limit is three times the daily bag limit. Canada Geese Season Dates: Open October 6 through November 30, 2018. Daily Bag and Possession Limits: Two and four, 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. (f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal Members and Nontribal Hunters). Nontribal Hunters on Reservation and Ceded Lands Geese Season Dates: Open September 15 through September 16, 2018; open September 22 through September 23, 2018; and open October 1, 2018, through January 8, 2019. 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 6 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 15, 2018, through September 16, 2018; open September 22, through September 23, 2018; and open October 1, 2018, through January 8, 2019. Scaup Season Dates: Open October 1, 2018, through December 25, 2018. Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 2 pintail, 2 canvasback, 3 scaup (when open), and 2 redheads. The possession limit is twice the daily bag limit. General: Tribal members must possess a validated Migratory Bird Hunting and [[Page 42797]] Conservation Stamp and a tribal ceded lands permit. (g) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only). Ducks and Coots Season Dates: Open October 6, 2018, through January 31, 2019. Daily Bag and Possession Limits: 9 and 18, respectively. Geese Season Dates: Open October 6, 2018, through January 31, 2019. Daily Bag and Possession Limits: 9 and 18, respectively. General: 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. Shooting hours are one- half hour before sunrise to one-half hour after sunset. (h) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members Only). Ducks Season Dates: Open September 15 through December 31, 2018. 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, 2018. 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. (i) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal Members Only). 1836 Ceded Territory and Tribal Reservation Ducks Season Dates: Open September 1, 2018, through January 27, 2019. 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 bufflehead, 1 hooded merganser, and 2 canvasback. Coots and Gallinules Season Dates: Open September 14, 2018, through January 27, 2019. Daily Bag Limits: Five coot and five gallinule. Canada Geese Season Dates: Open September 1, 2018, through February 3, 2019. Daily Bag Limit: Five. White-Fronted Geese, Brant, and Snow Geese Season Dates: Open September 7 through December 9, 2018. Daily Bag Limit: Five. Woodcock, Mourning Doves, Snipe, and Sora and Virginia Rails Season Dates: Open September 1 through November 11, 2018. 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 2018-19 hunting license. B. Except as modified by the Service rules adopted in response to this proposal, these amended regulations parallel all Federal regulations contained in 50 CFR part 20. Shooting hours will be from one-half hour before sunrise to sunset. C. Particular regulations of note include: (1) Nontoxic shot will be required for all waterfowl hunting by tribal members. (2) Tribal members in each zone will comply with tribal regulations providing for closed and restricted waterfowl hunting areas. These regulations generally incorporate the same restrictions contained in parallel State regulations. D. Tribal members hunting in Michigan will comply with tribal codes that contain provisions parallel to Michigan law regarding duck blinds and decoys. E. Possession limits are twice the daily bag limits. (j) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan (Tribal Members Only). Ducks Season Dates: Open September 1, 2018, through January 31, 2019. 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 1, 2018, through January 31, 2019. Daily Bag Limits: 10 mergansers, including no more than 5 hooded mergansers. Coots and Gallinules Season Dates: Open September 15 through December 31, 2018. Daily Bag Limit: 20. Canada Geese Season Dates: Open September 1, 2018, through February 8, 2019. Daily Bag Limit: 20 in the aggregate. Sora and Virginia Rails Season Dates: Open September 1 through December 31, 2018. Daily Bag Limit: 20. Snipe Season Dates: Open September 1 through December 31, 2018. Daily Bag Limit: 15. Mourning Doves Season Dates: Open September 1 through November 14, 2018. Daily Bag Limit: 15. Woodcock Season Dates: Open September 1 through December 1, 2018. Daily Bag Limit: 10. Sandhill Cranes Season Dates: Open September 1 through December 1, 2018. Daily Bag Limit: One. General: Possession limits are twice the daily bag limits. (k) 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, 2018, through March 10, 2019. Daily Bag and Possession Limits: Six ducks, including no more than two hen mallard and five mallards total, two pintail, two redheads, two canvasback, three wood ducks, three scaup, two bonus teal during October 6 through 21, 2018, 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, 2018, through March 10, 2019. Daily Bag and Possession Limits: 6 and 18, respectively. White-Fronted Geese Season Dates: Open September 1, 2018, through March 10, 2019. Daily Bag and Possession Limits: Two and six, respectively. Light Geese Season Dates: Open September 1, 2018, through March 10, 2019. [[Page 42798]] Daily Bag Limit: 20. Nontribal Hunters Ducks (Including Mergansers and Coots) Season Dates: Open October 6, 2018, through January 10, 2019. Daily Bag and Possession Limits: Six ducks, including five mallards (no more of which can be two hen mallard), three scaup, two canvasback, two redheads, three wood ducks, one mottled duck, one pintail, and two bonus blue-winged teal during October 7, through October 22, 2018. 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 27, 2018, through February 10, 2019. Daily Bag and Possession Limits: 6 and 18, respectively. White-Fronted Geese Season Dates: Open October 27, 2018, through January 22, 2019. Daily Bag and Possession Limits: Two and six, respectively. Light Geese Season Dates: Open October 27, 2018, through February 10, 2019. 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. (l) [Reserved] (m) Makah Indian Tribe, Neah Bay, Washington (Tribal Members). Band-Tailed Pigeons Season Dates: Open September 22 through October 21, 2018. Daily Bag Limit: Two band-tailed pigeons. Ducks and Coots Season Dates: Open September 22, 2018, through January 27, 2019. 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 22, 2018, through January 27, 2019. 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 300 feet 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 use of live decoys and/or baiting to pursue any species of waterfowl is prohibited. 4. Only Service approved nontoxic shot is allowed; the use of lead shot is prohibited. 5. The use of dogs is permitted to hunt waterfowl. 6. Shooting hours for all species of waterfowl are one-half hour before sunrise to sunset. 7. Open hunting areas are: Makah Reservation except for designated wilderness areas and within one mile of the Cape Flattery and Shi-shi Trails. Off-Reservation Hunting Areas as specified in the General Hunting Regulations. (n) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and Nontribal Hunters). Band-Tailed Pigeons Season Dates: Open September 1 through September 30, 2018. Daily Bag and Possession Limits: 5 and 10 pigeons, respectively. Mourning Doves Season Dates: Open September 1 through September 30, 2018. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Ducks (Including Mergansers and Coots) Season Dates: Open September 22, 2018, through January 7, 2019. Scaup Season Dates: Open September 22 through December 17, 2018. 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 22, 2018, through January 7, 2019. 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. (o) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal Members Only). Ducks (Including Mergansers) Season Dates: Open September 15 through December 2, 2018. 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, 2018. 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 1 through November 4, 2018. Daily Bag and Possession Limits: Two and four woodcock, respectively. Doves Season Dates: Open September 1 through November 4, 2018. Daily Bag and Possession Limits: 10 and 20 doves, respectively. General Conditions: Tribal member shooting hours are one-half hour before sunrise to 15 minutes 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 [[Page 42799]] 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. (p) Point No Point Treaty Council, Kingston, Washington (Tribal Members Only). Jamestown S'Klallam Tribe Ducks Season Dates: Open September 1, 2018, through March 10, 2019. Daily Bag and Possession Limits: Seven ducks, including no more than one harlequin duck per season. Geese Season Dates: Open September 9, 2018, through March 10, 2019. 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, 2019. Daily Bag and Possession Limits: Two and four, respectively. Coots Season Dates: Open September 13, 2018, through February 1, 2019. Daily Bag and Possession Limits: 25 and 50 coots, respectively. Mourning Doves Season Dates: Open September 13, 2018, through January 18, 2019. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Snipe Season Dates: Open September 13, 2018, through March 10, 2019. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. Band-Tailed Pigeons Season Dates: Open September 13, 2018, through January 18, 2019. Daily Bag and Possession Limits: Two and four pigeons, respectively. Port Gamble S'Klallam Tribe Ducks Season Dates: Open September 1, 2018, through March 10, 2019. Daily Bag and Possession Limits: Seven ducks, including no more than one harlequin duck per season. Geese Season Dates: Open September 1, 2018, through March 10, 2019. 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, 2018, through January 31, 2019. Daily Bag and Possession Limits: Two and four, respectively. Coots Season Dates: Open September 1, 2018, through March 10, 2019. Daily Bag and Possession Limits: 7 and 14 coots, respectively. Mourning Doves Season Dates: Open September 1, 2018, through January 31, 2019. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Snipe Season Dates: Open September 1, 2018, through March 10, 2019. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. Band-Tailed Pigeons Season Dates: Open September 1, 2018, through March 10, 2019. 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. (q) The Saginaw Chippewa Indian Tribe of Michigan, Isabella Reservation, Mt. Pleasant, Michigan (Tribal Members Only). Mourning Doves Season Dates: Open September 1, 2018, through January 31, 2019. Daily Bag Limit: 25 doves. Ducks Season Dates: Open September 1, 2018, through January 31, 2019. Daily Bag Limits: 20, including no more than 5 hen mallard, 5 wood duck, 5 black duck, 5 pintail, 5 redhead, 5 scaup, and 5 canvasback. Mergansers Season Dates: Open September 1, 2018, through January 31, 2019. Daily Bag Limit: 10, including no more than 5 hooded mergansers. Canada Geese Season Dates: Open September 1, 2018, through January 31, 2019. Daily Bag Limit: 20 in the aggregate. Coots and Gallinule Season Dates: Open September 1, 2018, through January 31, 2019. Daily Bag Limit: 20 in the aggregate. Woodcock Season Dates: Open September 1, 2018, through January 31, 2019. Daily Bag Limits: 10. Common Snipe Season Dates: Open September 1, 2018, through January 31, 2019. Daily Bag Limits: 16. Sora and Virginia Rails Season Dates: Open September 1, 2018, through January 31, 2019. Daily Bag Limits: 20 in the aggregate. Sandhill Crane Season Dates: Open September 1, 2018, through January 31, 2019. 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 Saginaw 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. (r) Sauk-Suiattle Indian Tribe, Darrington, Washington (Tribal Members Only). Ducks Season Dates: Open September 1, 2018, through January 31, 2019. Daily Bag Limits: 10. Geese Season Dates: Open September 1, 2018, through January 31, 2019. Daily Bag Limit: Five geese. Coots Season Dates: Open September 1, 2018, through January 31, 2019. Daily Bag Limit: 25 coots. Brant Season Dates: Open September 1, 2018, through January 31, 2019. Daily Bag Limits: Five brant. General: 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. [[Page 42800]] (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, 2018. Daily Bag Limit: 10 doves. Teal Season Dates: Open September 1 through December 31, 2018. Daily Bag Limits: 20 in the aggregate Ducks Season Dates: Open September 15 through December 31, 2018. 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, 2018. Daily Bag Limit: 10 in the aggregate. Geese Season Dates: Open September 1 through December 31, 2018. Daily Bag Limit: 20 in the aggregate. Coots and Gallinule Season Dates: Open September 1 through December 31, 2018. Daily Bag Limit: 20 in the aggregate. Woodcock Season Dates: Open September 2 through December 1, 2018. Daily Bag Limits: 10. Common Snipe Season Dates: Open September 15 through December 31, 2018. Daily Bag Limits: 16. Sora and Virginia Rails Season Dates: Open September 1 through December 31, 2018. 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 Mergansers Duck Season Dates: Open October 6, 2018, through January 18, 2019. Scaup Season Dates: Open October 6, 2018, through December 31, 2018. Daily Bag and Possession Limits: Seven ducks and mergansers, including no more than two hen mallards, two pintail, three scaup (when open), two canvasback, and two redheads. The possession limit is three times the daily bag limit. Coots Season Dates: Same as ducks. Daily Bag and Possession Limits: 25 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 6, 2018, through January 18, 2019. Daily Bag and Possession Limits: 4 and 12, respectively. White-Fronted Geese Season Dates: Open October 6, 2018, through January 18, 2019. Daily Bag and Possession Limits: 10 and 30, respectively. Light Geese Season Dates: Open October 6, 2018, through January 18, 2019. Daily Bag and Possession Limits: 20 and 60, respectively. General Conditions: Nontribal hunters must comply with all basic Federal migratory bird hunting regulations in 50 CFR part 20 regarding shooting hours and manner of taking. In addition, each waterfowl hunter 16 years of age or older must possess a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across the stamp face. Other regulations established by the Shoshone-Bannock Tribes also apply on the reservation. (u) Skokomish Tribe, Shelton, Washington (Tribal Members Only). Ducks Season Dates: Open September 16, 2018, through February 28, 2019. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one pintail, one canvasback, and two redheads. The daily bag limit on harlequin duck is one per season. The possession limit is twice the daily bag limit. Geese Season Dates: Open September 16, 2018, through February 28, 2019. Daily Bag and Possession Limits: Four including no more than three light geese. The season on Aleutian Canada geese is closed. The possession limit is twice the daily bag limit. Brant Season Dates: Open November 1, 2018, through February 15, 2019. Daily Bag and Possession Limits: 2 and 4 brant, respectively. Coots Season Dates: Open September 16, 2018, through February 28, 2019. Daily Bag and Possession Limits: 25 and 50 coots, respectively. Mourning Dove Season Dates: Open September 16, 2018, through February 28, 2019. Daily Bag and Possession Limits: 10 and 20 mourning dove, respectively. Band-Tailed Pigeon Season Dates: Open September 16, 2018, through February 28, 2019. Daily Bag and Possession Limits: Two and four band-tailed pigeon, respectively. Snipe Season Dates: Open September 16, 2018, through February 28, 2019. Daily Bag and Possession Limits: 8 and 16 Snipe, respectively. General Conditions: Tribal members must possess a tribal hunting permit from the Skokomish Indian Tribe pursuant to tribal law. Shooting hours are one-half hour before sunrise until sunset. Hunters must observe all other basic Federal migratory bird hunting regulations in 50 CFR part 20. (v) Spokane Tribe of Indians, Wellpinit, Washington (Tribal Members Only). Ducks Season Dates: Open September 2, 2018, through January 31, 2019. Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, two pintail, three scaup, two canvasback, and two redheads. The daily bag limit on harlequin duck is one per season. The possession limit is twice the daily bag limit. Geese Season Dates: Open September 2, 2018, through January 31, 2019. Daily Bag and Possession Limits: Four Canada geese, 10 White- fronted geese, and 20 light geese. The possession limit is twice the daily bag limit. General Conditions: Tribal members must possess a tribal hunting permit from the Spokane Indian Tribe pursuant [[Page 42801]] to tribal law. Shooting hours are one-half hour before sunrise until sunset. 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, 2018, through March 10, 2019. Daily Bag and Possession Limits: 10 and 30, respectively. Ducks Season Dates: Open October 1, 2018, through March 10, 2019. Daily Bag and Possession Limits: 10 ducks. The possession limit is three times the daily bag limit. Coots Season Dates: Open October 1, 2018, through March 10, 2019. Daily Bag and Possession Limits: 25 coots. The possession limit is three times the daily bag limit. Geese Season Dates: Open October 1, 2018, through March 10, 2019. 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, 2018, through March 9, 2019. Daily Bag and Possession Limits: 20 and 40, respectively. Canada Geese Season Dates: Open September 1, 2018, through March 9, 2019. Daily Bag and Possession Limits: 10 and 20 geese, respectively. Brant Season Dates: Open September 1, 2018, through March 9, 2019. Daily Bag and Possession Limits: 5 and 10 brant, respectively. Coots Season Dates: Open September 1, 2018, through March 9, 2019. Daily Bag and Possession Limits: 25 and 75 coots, respectively. Mourning Dove Season Dates: Open September 1, 2018, through March 9, 2019. Daily Bag and Possession Limits: 15 and 30 mourning dove, respectively. Band-Tailed Pigeon Season Dates: Open September 1, 2018, through March 9, 2019. Daily Bag and Possession Limits: Three and six band-tailed pigeon, respectively. Snipe Season Dates: Open September 1, 2018, through March 9, 2019. Daily Bag and Possession Limits: 15 and 30 snipe, respectively. General Conditions: Shooting hours are from 30 minutes before sunrise until 30 minutes after sunset. Tribal members are required to use steel shot or a nontoxic shot as required by Federal regulations. (z) The Tulalip Tribes of Washington, Tulalip Indian Reservation, Marysville, Washington (Tribal Members Only). Ducks and Mergansers Season Dates: Open September 1, 2018, through February 28, 2019. Daily Bag and Possession Limits: 15 ducks, including no more than 10 pintail, 10 canvasback, and ten wood ducks, and 10 blue-winged teal. Possession limit is twice the daily bag limit. Sea Ducks Season Dates: Open September 1, 2018, through February 28, 2019. Daily Bag and Possession Limits: 15 sea ducks, including no more than 10 harlequin. Possession limit is twice the daily bag limit. Geese Season Dates: Open September 1, 2018, through February 28, 2019. Daily Bag and Possession Limits: 15 geese, including no more than 10 Cackling Canada geese or 10 Dusky Canada geese. Possession limit is twice the daily bag limit. Brant Season Dates: Open September 1, 2018, through February 28, 2019. Daily Bag and Possession Limits: Five and ten brant, respectively. Coots Season Dates: Open September 1, 2018, through February 28, 2019. Daily Bag and Possession Limits: 25 and 25 coots, respectively. Snipe Season Dates: Open September 1, 2018, through February 28, 2019. 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 or federally-approved nontoxic 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, 2018. Daily Bag and Possession Limits: 12 and 15 mourning doves, respectively. Ducks Season Dates: Open October 1, 2018, through February 28, 2019. Daily Bag and Possession Limits: 15 and 20, respectively. Coots Season Dates: Open October 1, 2018, through February 15, 2019. Daily Bag and Possession Limits: 20 and 30, respectively. Geese Season Dates: Open October 1, 2018, through February 28, 2019. Daily Bag and Possession Limits: 7 and 10 geese, respectively. Brant Season Dates: Open November 1 through 10, 2018. Daily Bag and Possession Limits: Two and two, respectively. General Conditions: Tribal members must have the tribal identification and harvest report card on their person to hunt. Tribal members hunting on the Reservation will observe all basic Federal migratory bird hunting regulations found in 50 CFR part 20, except shooting hours would be 15 minutes before official sunrise to 15 minutes after official sunset. [[Page 42802]] (bb) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal Members Only). Teal Season Dates: Open October 8, 2018, through February 16, 2019. Daily Bag Limits: 10 teal. Ducks Season Dates: Open October 8, 2018, through February 16, 2019. 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 1, 2018, through February 16, 2019. 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 8 through November 24, 2018. Daily Bag Limits: Three woodcock. Canada Geese Season Dates: Open September 3 through 15, 2018, and open October 22, 2018, through February 16, 2019. Daily Bag Limits: Eight Canada geese. Snow Geese Season Dates: Open September 3 through 13, 2018, and open November 19, 2018, through February 16, 2019. Daily Bag Limits: 15 snow geese. Sora and Virginia Rails Season Dates: Open September 3 through November 3, 2018. Daily Bag Limits: 5 sora and 10 Virginia rails. Snipe Season Dates: Open September 3 through December 8, 2018. 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 8 through December 16, 2018. Daily Bag Limit for Ducks: 10 ducks, including no more than 2 female mallards, 2 pintail, and 2 canvasback. Mergansers Season Dates: Open September 8 through December 16, 2018. Daily Bag Limit for Mergansers: Five mergansers, including no more than two hooded mergansers. Geese Season Dates: Open September 1 through December 15, 2018. Daily Bag Limit: 10 geese through September 221, and 5 thereafter. Coots Season Dates: Open September 1 through November 30, 2018. Daily Bag Limit: 20 coots. Snipe Season Dates: Open September 1 through November 30, 2018. Daily Bag Limit: 10 snipe. Mourning Dove Season Dates: Open September 1 through November 30, 2018. Daily Bag Limit: 25 mourning dove. Woodcock Season Dates: Open September 1 through November 30, 2018. Daily Bag Limit: 10 woodcock. Rail Season Dates: Open September 1 through November 30, 2018. 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. Dated: August 17, 2018. Andrea Travnicek, Principal Deputy Assistant Secretary--Water and Science, Exercising the Authority of the Assistant Secretary for Fish and Wildlife and Parks . [FR Doc. 2018-18382 Filed 8-23-18; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations 42789
clause. The comment recommended must be published for public comment ‘‘247.270–4(g)’’ and adding ‘‘247.270–
elimination of the clause, as it is if it relates to the expenditure of (f)’’ in its place.
unnecessary. Subsequently, the DoD appropriated funds, and has either a [FR Doc. 2018–18247 Filed 8–23–18; 8:45 am]
Task Force reviewed the requirements significant effect beyond the internal BILLING CODE 6820–ep–P
of DFARS clause 252.247–7006, operating procedures of the agency
Removal of Contractor’s Employees, and issuing the policy, regulation,
determined that the DFARS coverage procedure, or form, or has a significant
DEPARTMENT OF THE INTERIOR
was unnecessary and recommended cost or administrative impact on
removal. contractors or offerors. This final rule is Fish and Wildlife Service
not required to be published for public
III. Applicability to Contracts At or comment, because DoD is not issuing a
Below the Simplified Acquisition 50 CFR Part 20
new regulation; rather, this rule merely
Threshold and for Commercial Items, removes an obsolete requirement from [Docket No. FWS–HQ–MB–2017–0028;
Including Commercially Available Off- the DFARS. FF09M21200–178–FXMB1231099BPP0]
the-Shelf Items
VII. Regulatory Flexibility Act RIN 1018–BB73
This rule only removes obsolete
DFARS clause 252.247–7006, Removal Because a notice of proposed Migratory Bird Hunting; Migratory Bird
of Contractor’s Employees. Therefore, rulemaking and an opportunity for Hunting Regulations on Certain
the rule does not impose any new public comment are not required to be Federal Indian Reservations and
requirements on contracts at or below given for this rule under 41 U.S.C. Ceded Lands for the 2018–19 Season
the simplified acquisition threshold and 1707(a)(1) (see section VI. of this
for commercial items, including preamble), the analytical requirements AGENCY: Fish and Wildlife Service,
commercially available off-the-shelf of the Regulatory Flexibility Act (5 Interior.
items. U.S.C. 601 et seq.) are not applicable. ACTION: Final rule.
Accordingly, no regulatory flexibility
IV. Executive Orders 12866 and 13563 analysis is required and none has been SUMMARY: This rule prescribes special
E.O. 12866, Regulatory Planning and prepared. migratory bird hunting regulations for
Review, and E.O. 13563, Improving certain Tribes on Federal Indian
VIII. Paperwork Reduction Act
Regulation and Regulatory Review, reservations, off-reservation trust lands,
direct agencies to assess all costs and The rule does not contain any and ceded lands. This rule responds to
benefits of available regulatory information collection requirements that tribal requests for U.S. Fish and Wildlife
alternatives and, if regulation is require the approval of the Office of Service (hereinafter Service or we)
necessary, to select regulatory Management and Budget under the recognition of their authority to regulate
approaches that maximize net benefits Paperwork Reduction Act (44 U.S.C. hunting under established guidelines.
(including potential economic, chapter 35). This rule allows the establishment of
environmental, public health and safety List of Subjects in 48 CFR Parts 247 and season bag limits and, thus, harvest at
effects, distributive impacts, and 252 levels compatible with populations and
equity). E.O. 13563 emphasizes the habitat conditions.
Government procurement.
importance of quantifying both costs DATES: This rule takes effect on August
and benefits, of reducing costs, of Jennifer Lee Hawes, 24, 2018.
harmonizing rules, and of promoting Regulatory Control Officer, Defense ADDRESSES: You may inspect comments
flexibility. The Office of Management Acquisition Regulations System. received on the special hunting
and Budget, Office of Information and Therefore, 48 CFR parts 247 and 252 regulations and Tribal proposals during
Regulatory Affairs (OIRA), has are amended as follows: normal business hours at U.S. Fish and
determined that this is not a significant ■ 1. The authority citation for 48 CFR Wildlife Headquarters, 5275 Leesburg
regulatory action as defined under parts 247 and 252 continues to read as Pike, Falls Church, VA 22041–3803, or
section 3(f) of E.O. 12866 and, therefore, follows: at http://www.regulations.gov at Docket
was not subject to review under section No. FWS–HQ–MB–2017–0028.
6(b). This rule is not a major rule as Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1. FOR FURTHER INFORMATION CONTACT: Ron
defined at 5 U.S.C. 804(2).
W. Kokel, U.S. Fish and Wildlife
V. Executive Order 13771 PART 247—TRANSPORTATION Service, Department of the Interior, MS:
This rule is not an E.O. 13771, 247.270–4 [Amended] MB, 5275 Leesburg Pike, Falls Church,
Reducing and Controlling Regulatory VA 22041–3803; (703) 358–1967.
■ 1. Amend section 247.270–4 by—
Costs, regulatory action, because this SUPPLEMENTARY INFORMATION:
■ a. Removing paragraph (f); and
rule is not significant under E.O. 12866. ■ b. Redesignating paragraph (g) as Background
VI. Publication of This Final Rule for paragraph (f).
The Migratory Bird Treaty Act
Public Comment Is Not Required by (MBTA) of July 3, 1918 (16 U.S.C. 703
PART 252—SOLICITATION
Statute et seq.), authorizes and directs the
PROVISIONS AND CONTRACT
The statute that applies to the CLAUSES Secretary of the Department of the
publication of the Federal Acquisition Interior, having due regard for the zones
sradovich on DSK3GMQ082PROD with RULES
Regulation (FAR) is Office of Federal 252.247–7006 [Removed and Reserved] of temperature and for the distribution,
Procurement Policy statute (codified at ■ 2. Remove and reserve section abundance, economic value, breeding
title 41 of the United States Code). 252.247–7006. habits, and times and lines of flight of
Specifically, 41 U.S.C. 1707(a)(1) migratory game birds, to determine
requires that a procurement policy, 252.247–7007 [Amended] when, to what extent, and by what
regulation, procedure or form (including ■ 3. Amend section 252.247–7007, in means such birds or any part, nest, or
an amendment or modification thereof) the introductory text, by removing egg thereof may be taken, hunted,
VerDate Sep<11>2014 00:53 Aug 24, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM 24AUR1](https://thefederalregister.org/doc/83_FR_42954/page/1.svg)
![42790 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations
captured, killed, possessed, sold, The final rule described here is the hunting by American Indian Tribes.
purchased, shipped, carried, exported, final in the series of proposed and final Significant comments are addressed
or transported. rulemaking documents for Migratory below.
In the May 23, 2018, Federal Register Bird Hunting Regulations on Certain Written Comments: The Wisconsin
(83 FR 23869), we proposed special Federal Indian Reservations and Ceded Department of Natural Resources
migratory bird hunting regulations for Lands for the 2018–19 Season. This rule (WDNR) reiterated their past comments
the 2018–19 hunting season for certain sets hunting seasons, hours, areas, and of being strongly opposed to allowing
Indian tribes, under the guidelines limits for migratory game bird species the use of electronic calls, hand nets,
described in the June 4, 1985, Federal on reservations and ceded territories. and snares on ceded lands (see February
Register (50 FR 23467). The guidelines This final rule is the culmination of the 5, 2018, Federal Register (83 FR 5037)
respond to tribal requests for Service rulemaking process for the Tribal for additional details). They stated that
recognition of their reserved hunting migratory game bird hunting seasons, if approved, they should only be
rights, and for some tribes, recognition which started with the August 3, 2017, allowed on tribal lands, not State public
of their authority to regulate hunting by proposed rule. This final rule sets the lands, where the possibility of potential
both tribal members and nonmembers Migratory Bird Hunting Regulations on conflicts exists.
on their reservations. The guidelines Certain Federal Indian Reservations and The Great Lakes Indian Fish and
include possibilities for: Ceded Lands for the 2018–19 Season. Wildlife Commission (GLIFWC)
(1) On-reservation hunting by both Population Status and Harvest supported the proposed regulations and
tribal members and nonmembers, with urged the timely approval and
hunting by nontribal members on some Each year we publish various species publishing of a final rule prior to the
reservations to take place within Federal status reports that provide detailed
scheduled September 1, 2018, opening
frameworks but on dates different from information on the status and harvest of
of the seasons.
those selected by the surrounding migratory game birds, including
Several individuals also provided
State(s); information on the methodologies and
comment. One commenter protested the
results. These reports are available at
(2) On-reservation hunting by tribal entire migratory bird hunting
the address indicated under FOR
members only, outside of usual Federal regulations process and the killing of all
FURTHER INFORMATION CONTACT or from
frameworks for season dates and length, migratory birds. Another commenter
our website at https://www.fws.gov/
and for daily bag and possession limits; believed we should approve the
birds/surveys-and-data/reports-and-
and proposed special migratory bird hunting
publications/population-status.php. We
(3) Off-reservation hunting by tribal Tribal seasons, while another believed
used the following reports: Adaptive
members on ceded lands, outside of Harvest Management, 2018 Hunting we needed to publish the final tribal
usual framework dates and season Season (September 2017); American regulations prior to the season opening
length, with some added flexibility in Woodcock Population Status, 2017 of September 1, 2018, unlike the
daily bag and possession limits. (August 2017); Band-tailed Pigeon previous year.
In all cases, the regulations Population Status, 2017 (August 2017); Service Response: In the February 5,
established under the guidelines must Migratory Bird Hunting Activity and 2018, Federal Register (83 FR 5037), we
be consistent with the March 10– Harvest During the 2015–16 and 2016– responded in detail to WDNR’s
September 1 closed season mandated by 17 Hunting Seasons (August 2017); comments regarding our approval of the
the 1916 Migratory Bird Treaty with Mourning Dove Population Status, 2017 GLIFWC’s proposal. However, as an aid
Canada. (August 2017); Status and Harvests of to the reader, we again summarize and
In the August 3, 2017, Federal Sandhill Cranes, Mid-continent, Rocky respond here.
Register (82 FR 36308), we requested Mountain, Lower Colorado River Valley Allowing electronic calls. In the 1837
that tribes desiring special hunting and Eastern Populations, 2017 (August and 1842 Treaty Areas, GLIFWC
regulations in the 2018–19 hunting 2017); and Waterfowl Population Status, proposes allowing an experimental
season submit a proposal including 2017 (August 2017). application of electronic calls with up to
details on: 50 Tribal hunters allowed to use the
(1) Harvest anticipated under the Comments and Issues Concerning devices. Individuals using electronic
requested regulations; Tribal Proposals calls will be required to obtain a special
(2) Methods that would be employed For the 2018–19 migratory bird Tribal permit, complete a hunt diary for
to measure or monitor harvest (such as hunting season, we proposed each hunt where the devices are used,
bag checks, mail questionnaires, etc.); regulations for 30 Tribes or Indian and submit the hunt diary to the
(3) Steps that would be taken to limit groups that followed the 1985 Commission within 2 weeks of the end
level of harvest, where it could be guidelines and were considered of the season in order to be eligible to
shown that failure to limit such harvest appropriate for final rulemaking. obtain a permit for the following year.
would adversely impact the migratory However, at that time, we noted in the GLIFWC will require hunters to record
bird resource; and May 23 proposed rule that we were the date, time, and location of each
(4) Tribal capabilities to establish and proposing seasons for six Tribes who hunt; the number of hunters; the
enforce migratory bird hunting have submitted proposals in past years number of each species harvested per
regulations. but from whom we had not yet received hunting event; if other hunters were in
No action is required if a tribe wishes proposals this year. We did not receive the area, any interactions with other
to observe the hunting regulations proposals from three of those Tribes hunters; and other information GLIFWC
sradovich on DSK3GMQ082PROD with RULES
established by the State(s) in which an and, therefore, have not included them deems appropriate. GLIFWC will then
Indian reservation is located. We have in this final rule. summarize the diary results and submit
successfully used the guidelines since The comment period for the May 23 a report to the Service. Barring
the 1985–86 hunting season. We proposed rule closed on June 22, 2018. unforeseen results, GLIFWC proposes
finalized the guidelines beginning with We received five comments on our May that this experimental application be
the 1988–89 hunting season (August 18, 23 proposed rule, which announced replicated for 3 years, after which a full
1988, Federal Register [53 FR 31612]). proposed seasons for migratory bird evaluation would be completed.
VerDate Sep<11>2014 00:53 Aug 24, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM 24AUR1](https://thefederalregister.org/doc/83_FR_42954/page/2.svg)
![42792 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations
approach, we will work with GLIFWC to Likewise, the establishment of special existence of endangered or threatened
address these issues. tribal migratory bird hunting regulations species or result in the destruction or
Limiting activities to Tribal lands. has been a successful Federal-Tribal adverse modification of their critical
WDNR requested that any of GLIWFC’s partnership since 1988. However, as habitat. Findings from these
proposals, if approved, be limited to always, we continue to seek new ways consultations are included in a
Tribal lands only, or be prohibited on to improve the process. biological opinion, which concluded
all State lands. They state that allowing that the regulations are not likely to
the use of electronic calls, hand-held Required Determinations jeopardize the continued existence of
nets, and snares on all ceded lands Executive Order 13771—Reducing any endangered or threatened species.
increases the potential for conflicts with Regulation and Controlling Regulatory Our biological opinions resulting from
the general hunting public and creates Costs this section 7 consultation are public
a challenge for law enforcement. While documents available for public
we acknowledge that the potential for This final rule is not subject to the
inspection at the address indicated
conflict exists, limiting GLIFWC’s requirements of Executive Order (E.O.)
under ADDRESSES.
proposals to either Tribal lands only or 13771 (82 FR 9339, February 3, 2017)
non-State lands would severely limit because this final rule establishes Regulatory Planning and Review
GLIFWC’s available hunting options. annual harvest limits related to routine (Executive Orders 12866 and 13563)
Some member tribes have relatively hunting or fishing. E.O. 12866 provides that the Office of
small reservations. State and County National Environmental Policy Act Information and Regulatory Affairs
lands are a large and important (NEPA) Consideration (OIRA) will review all significant rules.
component of ceded lands. Further, OIRA has reviewed this rule and has
other hunting rights are exercised on The programmatic document, determined that this rule is significant
ceded lands, along with methods and ‘‘Second Final Supplemental because it would have an annual effect
means not available to the general Environmental Impact Statement: of $100 million or more on the
hunting public. Given the above and the Issuance of Annual Regulations economy.
very limited nature of the proposed Permitting the Sport Hunting of E.O. 13563 reaffirms the principles of
experiment, we see no justification for Migratory Birds (EIS 20130139),’’ filed E.O. 12866 while calling for
restricting these hunting methods and with the Environmental Protection improvements in the nation’s regulatory
means to either Tribal lands or non- Agency (EPA) on May 24, 2013, system to promote predictability, to
State lands. addresses NEPA compliance by the reduce uncertainty, and to use the best,
Individual, more generalized Service for issuance of the annual most innovative, and least burdensome
comments. Our long-term objectives framework regulations for hunting of tools for achieving regulatory ends. The
continue to include providing migratory game bird species. We executive order directs agencies to
opportunities to harvest portions of published a notice of availability in the consider regulatory approaches that
certain migratory game bird populations Federal Register on May 31, 2013 (78 reduce burdens and maintain flexibility
and to limit harvests to levels FR 32686), and our Record of Decision and freedom of choice for the public
compatible with each population’s on July 26, 2013 (78 FR 45376). We also where these approaches are relevant,
ability to maintain healthy, viable address NEPA compliance for waterfowl feasible, and consistent with regulatory
numbers. Further, there exists a long hunting frameworks through the annual objectives. E.O. 13563 emphasizes
history of establishing hunting seasons preparation of separate environmental further that regulations must be based
for migratory game bird species such as assessments, the most recent being on the best available science and that
waterfowl, cranes, woodcock, doves, ‘‘Duck Hunting Regulations for 2018– the rulemaking process must allow for
and migratory shore and upland game 19,’’ with its corresponding May 2018, public participation and an open
birds. Tribes, such as those included in finding of no significant impact. The exchange of ideas. We have developed
this final rule, have hunted these programmatic document, as well as the this rule in a manner consistent with
species before and since the inception of separate environmental assessment, is these requirements.
our establishment of migratory game available on our website at https:// An economic analysis was prepared
bird hunting seasons. These seasons are www.fws.gov/birds/index.php or from for the 2018–19 season. This analysis
culturally important to them, and the person indicated under the caption was based on data from the 2011
applicable treaties allow for hunting of FOR FURTHER INFORMATION CONTACT. National Hunting and Fishing Survey,
these species. the most recent year for which data are
Endangered Species Act Consideration available (see discussion under
Having taken into account the zones
of temperature and the distribution, Section 7 of the Endangered Species Regulatory Flexibility Act, below). This
abundance, economic value, breeding Act of 1973, as amended (16 U.S.C. 1531 analysis estimated consumer surplus for
habits, and times and lines of flight of et seq.), provides that, ‘‘The Secretary three alternatives for duck hunting
migratory game birds, we conclude that shall review other programs (estimates for other species are not
the hunting seasons provided for herein administered by him and utilize such quantified due to lack of data). The
are compatible with the current status of programs in furtherance of the purposes alternatives are (1) issue restrictive
migratory bird populations and long- of this Act’’ (and) shall ‘‘insure that any regulations allowing fewer days than
term population goals. Additionally, we action authorized, funded, or carried out those issued during the 2017–18 season,
are obligated to, and do, give serious * * * is not likely to jeopardize the (2) issue moderate regulations allowing
consideration to all information continued existence of any endangered more days than those in alternative 1,
sradovich on DSK3GMQ082PROD with RULES
received as public comment. We species or threatened species or result in and (3) issue liberal regulations
continue to conclude that the current the destruction or adverse modification identical to the regulations in the 2017–
Flyway-Council system of migratory of [critical] habitat. * * *.’’ 18 season. For the 2018–19 season, we
bird management is one of the most Consequently, we conducted formal chose Alternative 3, with an estimated
longstanding, successful examples of consultations to ensure that actions consumer surplus across all flyways of
State-Federal cooperative management resulting from these regulations would $334–$440 million with a mid-point
since its establishment in 1952. not likely jeopardize the continued estimate of $387 million. We also chose
VerDate Sep<11>2014 00:53 Aug 24, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM 24AUR1](https://thefederalregister.org/doc/83_FR_42954/page/4.svg)
![42798 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations
Daily Bag Limit: 20. Geese open), two redheads, and one pintail.
Season Dates: Open September 22, Coot daily bag limit is 25. Merganser
Nontribal Hunters
2018, through January 27, 2019. daily bag limit is seven. The possession
Ducks (Including Mergansers and Coots) Daily Bag Limit: Four, including no limit is three times the daily bag limit.
Season Dates: Open October 6, 2018, more than one brant. The seasons on Canada Geese
through January 10, 2019. Aleutian and dusky Canada geese are
Season Dates: Open September 22,
Daily Bag and Possession Limits: Six closed.
2018, through January 7, 2019.
ducks, including five mallards (no more General Conditions Daily Bag and Possession Limits: 4
of which can be two hen mallard), three and 12, respectively.
scaup, two canvasback, two redheads, All other Federal regulations
three wood ducks, one mottled duck, contained in 50 CFR part 20 apply. The General Conditions: Tribal and
one pintail, and two bonus blue-winged following restrictions also apply: nontribal hunters will comply with all
teal during October 7, through October 1. As per Makah Ordinance 44, only basic Federal migratory bird hunting
22, 2018. Coot daily bag limit is 15. shotguns may be used to hunt any regulations in 50 CFR part 20, regarding
Merganser daily bag limit is five, species of waterfowl. Additionally, shooting hours and manner of taking. In
including no more than two hooded shotguns must not be discharged within addition, each waterfowl hunter 16
mergansers. The possession limit is 300 feet of an occupied area. years of age or over must carry on
three times the daily bag limit. 2. Hunters must be eligible, enrolled his/her person a valid Migratory Bird
Makah tribal members and must carry Hunting and Conservation Stamp (Duck
Canada Geese their Indian Treaty Fishing and Hunting Stamp) signed in ink across the face.
Season Dates: Open October 27, 2018, Identification Card while hunting. No Special regulations established by the
through February 10, 2019. tags or permits are required to hunt Navajo Nation also apply on the
Daily Bag and Possession Limits: 6 waterfowl. reservation.
and 18, respectively. 3. The use of live decoys and/or (o) Oneida Tribe of Indians of
baiting to pursue any species of Wisconsin, Oneida, Wisconsin (Tribal
White-Fronted Geese waterfowl is prohibited. Members Only).
Season Dates: Open October 27, 2018, 4. Only Service approved nontoxic
through January 22, 2019. shot is allowed; the use of lead shot is Ducks (Including Mergansers)
Daily Bag and Possession Limits: Two prohibited. Season Dates: Open September 15
and six, respectively. 5. The use of dogs is permitted to through December 2, 2018.
hunt waterfowl. Daily Bag and Possession Limits: Six,
Light Geese 6. Shooting hours for all species of including no more than six mallards
Season Dates: Open October 27, 2018, waterfowl are one-half hour before (three hen mallards), six wood ducks,
through February 10, 2019. sunrise to sunset. one redhead, two pintail, and one
Daily Bag and Possession Limits: 50 7. Open hunting areas are: Makah hooded merganser. The possession limit
and no possession limit. Reservation except for designated is twice the daily bag limit.
General Conditions: All hunters must wilderness areas and within one mile of
the Cape Flattery and Shi-shi Trails. Off- Geese
comply with the basic Federal migratory
bird hunting regulations in 50 CFR part Reservation Hunting Areas as specified Season Dates: Open September 1
20, including the use of steel shot and in the General Hunting Regulations. through December 31, 2018.
shooting hours. Nontribal hunters must (n) Navajo Nation, Navajo Indian Daily Bag and Possession Limits: 5
possess a validated Migratory Bird Reservation, Window Rock, Arizona Canada geese with a possession limit of
Hunting and Conservation Stamp. The (Tribal Members and Nontribal 10. A seasonal quota of 500 birds is
Lower Brule Sioux Tribe has an official Hunters). adopted. If the quota is reached before
Conservation Code that hunters must the season concludes, the season will be
adhere to when hunting in areas subject Band-Tailed Pigeons closed at that time.
to control by the Tribe. Season Dates: Open September 1 Woodcock
(l) [Reserved] through September 30, 2018.
Season Dates: Open September 1
Daily Bag and Possession Limits: 5
(m) Makah Indian Tribe, Neah Bay, through November 4, 2018.
and 10 pigeons, respectively.
Washington (Tribal Members). Daily Bag and Possession Limits: Two
Mourning Doves and four woodcock, respectively.
Band-Tailed Pigeons
Season Dates: Open September 1 Doves
Season Dates: Open September 22 through September 30, 2018.
through October 21, 2018. Season Dates: Open September 1
Daily Bag and Possession Limits: 10
Daily Bag Limit: Two band-tailed through November 4, 2018.
and 20 doves, respectively. Daily Bag and Possession Limits: 10
pigeons.
Ducks (Including Mergansers and Coots) and 20 doves, respectively.
Ducks and Coots
Season Dates: Open September 22, General Conditions: Tribal member
Season Dates: Open September 22, 2018, through January 7, 2019. shooting hours are one-half hour before
2018, through January 27, 2019. sunrise to 15 minutes after sunset.
sradovich on DSK3GMQ082PROD with RULES
Daily Bag Limit: Seven ducks Scaup Nontribal members hunting on the
including no more than five mallards Season Dates: Open September 22 Reservation or on lands under the
(only two of which can be a hen), one through December 17, 2018. jurisdiction of the Tribe must comply
redhead, one pintail, three scaup, and Daily Bag and Possession Limits: with all State of Wisconsin regulations,
one canvasback. The seasons on wood Seven ducks, including no more than including season dates, shooting hours,
duck and harlequin are closed. The coot two hen mallards, one mottled duck, and bag limits, which differ from tribal
daily bag limit is 25. two canvasback, three scaup (when member seasons. Tribal members and
VerDate Sep<11>2014 00:53 Aug 24, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM 24AUR1](https://thefederalregister.org/doc/83_FR_42954/page/10.svg)
![Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations 42801
to tribal law. Shooting hours are one- Coots Coots
half hour before sunrise until sunset. Season Dates: Open September 1,
Season Dates: Open September 1,
Hunters must observe all other basic 2018, through February 28, 2019.
2018, through March 9, 2019.
Federal migratory bird hunting Daily Bag and Possession Limits: 25
regulations in 50 CFR part 20. Daily Bag and Possession Limits: 25
and 75 coots, respectively. and 25 coots, respectively.
(w) [Reserved]
Mourning Dove Snipe
(x) Stillaguamish Tribe of Indians,
Arlington, Washington (Tribal Members Season Dates: Open September 1, Season Dates: Open September 1,
Only). 2018, through March 9, 2019. 2018, through February 28, 2019.
Daily Bag and Possession Limits: 8
Common Snipe Daily Bag and Possession Limits: 15 and 16 snipe, respectively.
Season Dates: Open October 1, 2018, and 30 mourning dove, respectively.
General Conditions: All tribal hunters
through March 10, 2019. Band-Tailed Pigeon must have a valid Tribal identification
Daily Bag and Possession Limits: 10 card on his or her person while hunting.
and 30, respectively. Season Dates: Open September 1,
2018, through March 9, 2019. All nontribal hunters must obtain and
Ducks Daily Bag and Possession Limits: possess while hunting a valid Tulalip
Three and six band-tailed pigeon, Tribe hunting permit and be
Season Dates: Open October 1, 2018,
respectively. accompanied by a Tulalip Tribal
through March 10, 2019.
Daily Bag and Possession Limits: 10 member. Shooting hours are one-half
Snipe hour before sunrise to sunset, and steel
ducks. The possession limit is three
times the daily bag limit. Season Dates: Open September 1, or federally-approved nontoxic shot is
2018, through March 9, 2019. required for all migratory bird hunting.
Coots Hunters must observe all other basic
Daily Bag and Possession Limits: 15
Season Dates: Open October 1, 2018, Federal migratory bird hunting
and 30 snipe, respectively.
through March 10, 2019. regulations in 50 CFR part 20.
Daily Bag and Possession Limits: 25 General Conditions: Shooting hours (aa) Upper Skagit Indian Tribe, Sedro
coots. The possession limit is three are from 30 minutes before sunrise until Woolley, Washington (Tribal Members
times the daily bag limit. 30 minutes after sunset. Tribal members Only).
are required to use steel shot or a
Geese nontoxic shot as required by Federal Mourning Doves
Season Dates: Open October 1, 2018, regulations. Season Dates: Open September 1
through March 10, 2019. (z) The Tulalip Tribes of Washington, through December 31, 2018.
Daily Bag and Possession Limits: 6 Tulalip Indian Reservation, Marysville, Daily Bag and Possession Limits: 12
and 18, respectively. The season on Washington (Tribal Members Only). and 15 mourning doves, respectively.
brant is closed.
Ducks and Mergansers Ducks
General Conditions: Tribal members
hunting on lands will observe all basic Season Dates: Open September 1, Season Dates: Open October 1, 2018,
Federal migratory bird hunting 2018, through February 28, 2019. through February 28, 2019.
Daily Bag and Possession Limits: 15
regulations found in 50 CFR part 20, Daily Bag and Possession Limits: 15 and 20, respectively.
which will be enforced by the ducks, including no more than 10
Stillaguamish Tribal Law Enforcement. pintail, 10 canvasback, and ten wood Coots
Tribal members are required to use steel ducks, and 10 blue-winged teal. Season Dates: Open October 1, 2018,
shot or a nontoxic shot as required by Possession limit is twice the daily bag through February 15, 2019.
Federal regulations. limit. Daily Bag and Possession Limits: 20
(y) Swinomish Indian Tribal Sea Ducks and 30, respectively.
Community, LaConner, Washington
Season Dates: Open September 1, Geese
(Tribal Members Only).
2018, through February 28, 2019. Season Dates: Open October 1, 2018,
Ceded Territory and Swinomish Daily Bag and Possession Limits: 15 through February 28, 2019.
Reservation sea ducks, including no more than 10 Daily Bag and Possession Limits: 7
Ducks and Mergansers harlequin. Possession limit is twice the and 10 geese, respectively.
daily bag limit.
Season Dates: Open September 1, Brant
2018, through March 9, 2019. Geese Season Dates: Open November 1
Daily Bag and Possession Limits: 20 through 10, 2018.
Season Dates: Open September 1,
and 40, respectively. Daily Bag and Possession Limits: Two
2018, through February 28, 2019.
Canada Geese Daily Bag and Possession Limits: 15 and two, respectively.
Season Dates: Open September 1, geese, including no more than 10 General Conditions: Tribal members
2018, through March 9, 2019. Cackling Canada geese or 10 Dusky must have the tribal identification and
Daily Bag and Possession Limits: 10 Canada geese. Possession limit is twice harvest report card on their person to
sradovich on DSK3GMQ082PROD with RULES
and 20 geese, respectively. the daily bag limit. hunt. Tribal members hunting on the
Brant Reservation will observe all basic
Brant Federal migratory bird hunting
Season Dates: Open September 1, Season Dates: Open September 1, regulations found in 50 CFR part 20,
2018, through March 9, 2019. 2018, through February 28, 2019. except shooting hours would be 15
Daily Bag and Possession Limits: 5 Daily Bag and Possession Limits: Five minutes before official sunrise to 15
and 10 brant, respectively. and ten brant, respectively. minutes after official sunset.
VerDate Sep<11>2014 00:53 Aug 24, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM 24AUR1](https://thefederalregister.org/doc/83_FR_42954/page/13.svg)
![42802 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations
(bb) Wampanoag Tribe of Gay Head, Daily Bag Limit for Ducks: 10 ducks, DEPARTMENT OF COMMERCE
Aquinnah, Massachusetts (Tribal including no more than 2 female
Members Only). mallards, 2 pintail, and 2 canvasback. National Oceanic and Atmospheric
Administration
Teal Mergansers
Season Dates: Open October 8, 2018, 50 CFR Part 679
through February 16, 2019. Season Dates: Open September 8
Daily Bag Limits: 10 teal. through December 16, 2018. [Docket No. 170817779–8161–02]
Daily Bag Limit for Mergansers: Five RIN 0648–XG444
Ducks
mergansers, including no more than two
Season Dates: Open October 8, 2018, hooded mergansers. Fisheries of the Exclusive Economic
through February 16, 2019. Zone Off Alaska; Reallocation of
Daily Bag Limits: Six ducks, including Geese Pollock in the Bering Sea Subarea
no more than four hen mallards, six
black ducks, four mottled ducks, one Season Dates: Open September 1 AGENCY: National Marine Fisheries
fulvous whistling duck, four through December 15, 2018. Service (NMFS), National Oceanic and
mergansers, three scaup, two hooded Daily Bag Limit: 10 geese through Atmospheric Administration (NOAA),
merganser, three wood ducks, one September 221, and 5 thereafter. Commerce.
canvasback, two redheads, and two ACTION: Temporary rule; reallocation.
pintail. The season is closed for Coots
SUMMARY: NMFS is reallocating
harlequin ducks. Season Dates: Open September 1 projected unused amounts of Bering Sea
Sea Ducks through November 30, 2018. subarea pollock from the incidental
Season Dates: Open October 1, 2018, Daily Bag Limit: 20 coots. catch allowance to the directed
through February 16, 2019. fisheries. This action is necessary to
Daily Bag Limits: Seven ducks Snipe allow the 2018 total allowable catch
including no more than four of any one (TAC) of pollock to be harvested.
Season Dates: Open September 1
species (only one of which may be a hen DATES: Effective August 21, 2018, until
through November 30, 2018.
eider). 2400 hrs, A.l.t., December 31, 2018.
Daily Bag Limit: 10 snipe. FOR FURTHER INFORMATION CONTACT:
Woodcock
Mourning Dove Steve Whitney, 907–586–7228.
Season Dates: Open October 8 SUPPLEMENTARY INFORMATION: NMFS
through November 24, 2018. Season Dates: Open September 1 manages the groundfish fishery in the
Daily Bag Limits: Three woodcock. through November 30, 2018. BSAI exclusive economic zone
Canada Geese Daily Bag Limit: 25 mourning dove. according to the Fishery Management
Season Dates: Open September 3 Plan for Groundfish of the Bering Sea
Woodcock and Aleutian Islands Management Area
through 15, 2018, and open October 22,
2018, through February 16, 2019. (FMP) prepared by the North Pacific
Season Dates: Open September 1
Daily Bag Limits: Eight Canada geese. Fishery Management Council under
through November 30, 2018.
authority of the Magnuson-Stevens
Snow Geese Daily Bag Limit: 10 woodcock. Fishery Conservation and Management
Season Dates: Open September 3 Rail Act. Regulations governing fishing by
through 13, 2018, and open November U.S. vessels in accordance with the FMP
19, 2018, through February 16, 2019. Season Dates: Open September 1 appear at subpart H of 50 CFR part 600
Daily Bag Limits: 15 snow geese. through November 30, 2018. and 50 CFR part 679.
The 2018 pollock incidental catch
Sora and Virginia Rails Daily Bag Limit: 25 rail. allowance in the Bering Sea subarea was
Season Dates: Open September 3 General Conditions: Shooting hours established as 47,888 metric tons (mt)
through November 3, 2018. by the 2018 and 2019 final harvest
are one-half hour before sunrise to one-
Daily Bag Limits: 5 sora and 10 specifications for groundfish in the
Virginia rails. half hour after sunset. Nontoxic shot is
required. All other basic Federal BSAI (83 FR 8365, February 27, 2018),
Snipe migratory bird hunting regulations and as adjusted by reallocations (83 FR
9235, March 5, 2018), in accordance
Season Dates: Open September 3 contained in 50 CFR part 20 will be
with § 679.20(a)(5)(i)(A)(1) and the
through December 8, 2018. observed.
American Fisheries Act (AFA) (Pub. L.
Daily Bag Limits: Eight snipe. Dated: August 17, 2018. 105–277, Division C, Title II).
General Conditions: Shooting hours Andrea Travnicek, As of August 16, 2018, the
are one-half hour before sunrise to Principal Deputy Assistant Secretary—Water Administrator, Alaska Region, NMFS,
sunset. Nontoxic shot is required. All and Science, Exercising the Authority of the has determined that approximately
other basic Federal migratory bird Assistant Secretary for Fish and Wildlife and 19,700 (mt) of pollock remain in the
hunting regulations contained in 50 CFR Parks . incidental catch allowance. Based on
part 20 will be observed. [FR Doc. 2018–18382 Filed 8–23–18; 8:45 am] projected harvest rates of other
sradovich on DSK3GMQ082PROD with RULES
(cc) White Earth Band of Ojibwe, BILLING CODE 4333–15–P
groundfish species and the expected
White Earth, Minnesota (Tribal incidental catch of pollock in those
Members Only). fisheries, the Regional Administrator
has determined that 2,500 mt of pollock
Ducks specified in the incidental catch
Season Dates: Open September 8 allowance will not be necessary as
through December 16, 2018. incidental catch. Therefore, NMFS is
VerDate Sep<11>2014 00:53 Aug 24, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM 24AUR1](https://thefederalregister.org/doc/83_FR_42954/page/14.svg)
Document Created: 2018-08-24 04:14:25
Document Modified: 2018-08-24 04:14:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule takes effect on August 24, 2018. | |
| 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 | 83 FR 42789 | |
| RIN Number | 1018-BB73 | |
| CFR Associated | Exports; Hunting; Imports; Reporting and Recordkeeping Requirements; Transportation and Wildlife |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR