Federal Register, Volume 77 Issue 159 (Thursday, August 16, 2012)

[Federal Register Volume 77, Number 159 (Thursday, August 16, 2012)]
[Proposed Rules]
[Pages 49679-49696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20072]

[[Page 49679]]

Vol. 77

Thursday,

No. 159

August 16, 2012

Part V

Department of the Interior

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Fish and Wildlife Service

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50 CFR Part 20

Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2012-13
Season; Proposed Rule

Federal Register / Vol. 77 , No. 159 / Thursday, August 16, 2012 /
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-R9-MB-2012-0005; FF09M21200-123-FXMB1231099BPP0L2]
RIN 1018-AX97

Migratory Bird Hunting; Proposed Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for
the 2012-13 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or
we) proposes special migratory bird hunting regulations for certain
Tribes on Federal Indian reservations, off-reservation trust lands, and
ceded lands for the 2012-13 migratory bird hunting season.

DATES: We will accept all comments on the proposed regulations that are
postmarked or received in our office by August 27, 2012.

ADDRESSES: You may submit comments on the proposals by one of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments on Docket No. FWS-R9-
MB-2012-0005.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R9-MB-2012-0005; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS
2042-PDM; Arlington, VA 22203.
We will not accept emailed or faxed comments. We will post all
comments on http://www.regulations.gov. This generally means that we
will post any personal information you provide us (see the Public
Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, at: Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, Department
of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street NW., Washington, DC
20240; (703) 358-1714.

SUPPLEMENTARY INFORMATION: In the April 17, 2012, Federal Register (77
FR 23094), we requested proposals from Indian Tribes wishing to
establish special migratory bird hunting regulations for the 2012-13
hunting season, under the guidelines described in the June 4, 1985,
Federal Register (50 FR 23467). In this supplemental proposed rule, we
propose special migratory bird hunting regulations for 30 Indian
Tribes, based on the input we received in response to the April 17,
2012, proposed rule, and our previous rules. As described in that
proposed rule, the promulgation of annual migratory bird hunting
regulations involves a series of rulemaking actions each year. This
proposed rule is part of that series.
We developed the guidelines for establishing special migratory bird
hunting regulations for Indian Tribes in response to tribal requests
for recognition of their reserved hunting rights and, for some Tribes,
recognition of their authority to regulate hunting by both tribal and
nontribal hunters on their reservations. The guidelines include
possibilities for:
(1) On-reservation hunting by both tribal and nontribal hunters,
with hunting by nontribal hunters on some reservations to take place
within Federal frameworks but on dates different from those selected by
the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of the
usual Federal frameworks for season dates and length, and for daily bag
and possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits.
In all cases, the regulations established under the guidelines must
be consistent with the March 10 to September 1 closed season mandated
by the 1916 Convention between the United States and Great Britain (for
Canada) for the Protection of Migratory Birds (Treaty). The guidelines
apply to those Tribes having recognized reserved hunting rights on
Federal Indian reservations (including off-reservation trust lands) and
on ceded lands. They also apply to establishing migratory bird hunting
regulations for nontribal hunters on all lands within the exterior
boundaries of reservations where Tribes have full wildlife management
authority over such hunting or where the Tribes and affected States
otherwise have reached agreement over hunting by nontribal hunters on
lands owned by non-Indians within the reservation.
Tribes usually have the authority to regulate migratory bird
hunting by nonmembers on Indian-owned reservation lands, subject to
Service approval. The question of jurisdiction is more complex on
reservations that include lands owned by non-Indians, especially when
the surrounding States have established or intend to establish
regulations governing hunting by non-Indians on these lands. In such
cases, we encourage the Tribes and States to reach agreement on
regulations that would apply throughout the reservations. When
appropriate, we will consult with a Tribe and State with the aim of
facilitating an accord. We also will consult jointly with tribal and
State officials in the affected States where Tribes wish to establish
special hunting regulations for tribal members on ceded lands. Because
of past questions regarding interpretation of what events trigger the
consultation process, as well as who initiates it, we provide the
following clarification.
We routinely provide copies of Federal Register publications
pertaining to migratory bird management to all State Directors, Tribes,
and other interested parties. It is the responsibility of the States,
Tribes, and others to notify us of any concern regarding any feature(s)
of any regulations. When we receive such notification, we will initiate
consultation.
Our guidelines provide for the continued harvest of waterfowl and
other migratory game birds by tribal members on reservations where such
harvest has been a customary practice. We do not oppose this harvest,
provided it does not take place during the closed season defined by the
Treaty, and does not adversely affect the status of the migratory bird
resource. Before developing the guidelines, we reviewed available
information on the current status of migratory bird populations,
reviewed the current status of migratory bird hunting on Federal Indian
reservations, and evaluated the potential impact of such guidelines on
migratory birds. We concluded that the impact of migratory bird harvest
by tribal members hunting on their reservations is minimal.
One area of interest in Indian migratory bird hunting regulations
relates to hunting seasons for nontribal hunters on dates that are
within Federal frameworks, but which are different from those
established by the State(s) where the reservation is located. A large
influx of nontribal hunters onto a reservation at a time when the
season is closed in the surrounding State(s) could result in adverse
population impacts on one or more migratory bird species. The
guidelines make this unlikely, however, because tribal proposals must
include:
(a) Harvest anticipated under the requested regulations;
(b) Methods that will be employed to measure or monitor harvest
(such as bag checks, mail questionnaires, etc.);
(c) Steps that will be taken to limit level of harvest, where it
could be shown that failure to limit such harvest

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would adversely impact the migratory bird resource; and
(d) Tribal capabilities to establish and enforce migratory bird
hunting regulations.
We may modify regulations or establish experimental special hunts,
after evaluation and confirmation of harvest information obtained by
the Tribes.
We believe the guidelines provide appropriate opportunity to
accommodate the reserved hunting rights and management authority of
Indian Tribes while ensuring that the migratory bird resource receives
necessary protection. The conservation of this important international
resource is paramount. The guidelines should not be viewed as
inflexible. In this regard, we note that they have been employed
successfully since 1985. We believe they have been tested adequately
and, therefore, we made them final beginning with the 1988-89 hunting
season (53 FR 31612, August 18, 1988). We should stress here, however,
that use of the guidelines is not mandatory and no action is required
if a Tribe wishes to observe the hunting regulations established by the
State(s) in which the reservation is located.

Service Migratory Bird Regulations Committee Meetings

Participants at the June 19-20, 2012, meetings reviewed information
on the current status of migratory shore and upland game birds and
developed 2012-13 migratory game bird regulations recommendations for
these species plus regulations for migratory game birds in Alaska,
Puerto Rico, and the U.S. Virgin Islands; special September waterfowl
seasons in designated States; special sea duck seasons in the Atlantic
Flyway; and extended falconry seasons. In addition, we reviewed and
discussed preliminary information on the status of waterfowl.
Participants at the previously announced July 25-26, 2012, meetings
will review information on the current status of waterfowl and develop
recommendations for the 2012-13 regulations pertaining to regular
waterfowl seasons and other species and seasons not previously
discussed at the early-season meetings. In accordance with Department
of the Interior policy, these meetings are open to public observation
and you may submit comments on the matters discussed.

Population Status and Harvest

Preliminary information on the status of waterfowl and information
on the status and harvest of migratory shore and upland game birds was
excerpted from various reports and provided in the July 20, 2012,
Federal Register (77 FR 42920). For more detailed information on
methodologies and results, you may obtain complete copies of the
various reports at the address indicated under FOR FURTHER INFORMATION
CONTACT, from our Web site at http://www.fws.gov/migratorybirds/NewsPublicationsReports.html, or from http://www.regulations.gov.

Hunting Season Proposals From Indian Tribes and Organizations

For the 2012-13 hunting season, we received requests from 24 Tribes
and Indian organizations. In this proposed rule, we respond to these
requests and also evaluate anticipated requests for six Tribes from
whom we usually hear but from whom we have not yet received proposals.
We actively solicit regulatory proposals from other tribal groups that
are interested in working cooperatively for the benefit of waterfowl
and other migratory game birds. We encourage Tribes to work with us to
develop agreements for management of migratory bird resources on tribal
lands.
It should be noted that this proposed rule includes generalized
regulations for both early- and late-season hunting. A final rule will
be published in a late-August 2012 Federal Register that will include
tribal regulations for the early-hunting season. Early seasons
generally begin around September 1 each year and most commonly include
such species as American woodcock, sandhill cranes, mourning doves, and
white-winged doves. Late seasons generally begin on or around September
24 and most commonly include waterfowl species.
In this current rulemaking, because of the compressed timeframe for
establishing regulations for Indian Tribes and because final frameworks
dates and other specific information are not available, the regulations
for many tribal hunting seasons are described in relation to the season
dates, season length, and limits that will be permitted when final
Federal frameworks are announced for early- and late-season
regulations. For example, daily bag and possession limits for ducks on
some areas are shown as the same as permitted in Pacific Flyway States
under final Federal frameworks, and limits for geese will be shown as
the same permitted by the State(s) in which the tribal hunting area is
located.
The proposed frameworks for early-season regulations were published
in the Federal Register on July 20, 2012 (77 FR 42920); early-season
final frameworks will be published in late August. Proposed late-season
frameworks for waterfowl and coots will be published in mid-August, and
the final frameworks for the late seasons will be published in mid-
September. We will notify affected Tribes of season dates, bag limits,
etc., as soon as final frameworks are established. As previously
discussed, no action is required by Tribes wishing to observe migratory
bird hunting regulations established by the State(s) where they are
located. The proposed regulations for the 30 Tribes that meet the
established criteria are shown below.

(a) Colorado River Indian Tribes, Colorado River Indian Reservation,
Parker, Arizona (Tribal Members and Nontribal Hunters)

The Colorado River Indian Reservation is located in Arizona and
California. The Tribes own almost all lands on the reservation, and
have full wildlife management authority.
In their 2012-13 proposal, the Colorado River Indian Tribes
requested split dove seasons. They propose that their early season
begin September 1 and end September 15, 2012. Daily bag limits would be
10 mourning or white-winged doves in the aggregate. The late season for
doves is proposed to open November 10, 2012, and close December 24,
2012. The daily bag limit would be 10 mourning doves. The possession
limit would be twice the daily bag limit after the first day of the
season. Shooting hours would be from one-half hour before sunrise to
noon in the early season and until sunset in the late season. Other
special tribally set regulations would apply.
The Tribes also propose duck hunting seasons. The season would open
October 6, 2012, and run until January 20, 2013. The Tribes propose the
same season dates for mergansers, coots, and common moorhens. The daily
bag limit for ducks, including mergansers, would be seven, except that
the daily bag limits could contain no more than two hen mallards, two
redheads, two Mexican ducks, two goldeneye, three scaup, one pintail,
two cinnamon teal, and one canvasback. The possession limit would be
twice the daily bag limit after the first day of the season. The daily
bag and possession limit for coots and common moorhens would be 25,
singly or in the aggregate.
For geese, the Colorado River Indian Tribes propose a season of
October 13, 2012, through January 20, 2013. The daily bag limit for
geese would be three light geese and three dark geese. The possession
limit would be six light geese and six dark geese after opening day.
In 1996, the Tribes conducted a detailed assessment of dove
hunting.

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Results showed approximately 16,100 mourning doves and 13,600 white-
winged doves were harvested by approximately 2,660 hunters who averaged
1.45 hunter-days. Field observations and permit sales indicate that
fewer than 200 hunters participate in waterfowl seasons. Under the
proposed regulations described here and based upon past seasons, we and
the Tribes estimate harvest will be similar.
Hunters must have a valid Colorado River Indian Reservation hunting
permit and a Federal Migratory Bird Stamp in their possession while
hunting. Other special tribally set regulations would apply. As in the
past, the regulations would apply both to tribal and nontribal hunters,
and nontoxic shot is required for waterfowl hunting.
We propose to approve the Colorado River Indian Tribes regulations
for the 2012-13 hunting season, given the seasons' dates fall within
final flyway frameworks (applies to nontribal hunters only).

(b) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Tribal and Nontribal Hunters)

For the past several years, the Confederated Salish and Kootenai
Tribes and the State of Montana have entered into cooperative
agreements for the regulation of hunting on the Flathead Indian
Reservation. The State and the Tribes are currently operating under a
cooperative agreement signed in 1990 that addresses fishing and hunting
management and regulation issues of mutual concern. This agreement
enables all hunters to utilize waterfowl hunting opportunities on the
reservation.
As in the past, tribal regulations for nontribal hunters would be
at least as restrictive as those established for the Pacific Flyway
portion of Montana. Goose season dates would also be at least as
restrictive as those established for the Pacific Flyway portion of
Montana. Shooting hours for waterfowl hunting on the Flathead
Reservation are sunrise to sunset. Steel shot or other federally
approved nontoxic shots are the only legal shotgun loads on the
reservation for waterfowl or other game birds.
For tribal members, the Tribe proposes outside frameworks for ducks
and geese of September 1, 2012, through March 9, 2013. Daily bag and
possession limits were not proposed for tribal members.
The requested season dates and bag limits are similar to past
regulations. Harvest levels are not expected to change significantly.
Standardized check station data from the 1993-94 and 1994-95 hunting
seasons indicated no significant changes in harvest levels and that the
large majority of the harvest is by nontribal hunters.
We propose to approve the Tribes' request for special migratory
bird regulations for the 2012-13 hunting season.

Since 1996, the Service and the Fond du Lac Band of Lake Superior
Chippewa Indians have cooperated to establish special migratory bird
hunting regulations for tribal members. The Fond du Lac's May 26, 2012,
proposal covers land set apart for the band under the Treaties of 1837
and 1854 in northeastern and east-central Minnesota and the Band's
Reservation near Duluth.
The band's proposal for 2012-13 is essentially the same as that
approved last year except for an expansion of the sandhill crane season
to include both the 1854 and 1837 ceded territories only and not
reservation lands. The proposed 2012-13 waterfowl hunting season
regulations for Fond du Lac are as follows:
Ducks:
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 15 and end November 25, 2012.
Daily Bag Limit: 18 ducks, including no more than 12 mallards (only
3 of which may be hens), 9 black ducks, 9 scaup, 9 wood ducks, 9
redheads, 9 pintails, and 9 canvasbacks.
B. Reservation:
Season Dates: Begin September 1 and end November 25, 2012.
Daily Bag Limit: 12 ducks, including no more than 8 mallards (only
2 of which may be hens), 6 black ducks, 6 scaup, 6 redheads, 6
pintails, 6 wood ducks, and 6 canvasbacks.
Mergansers:
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 15 and end November 25, 2012.
Daily Bag Limit: 15 mergansers, including no more than 6 hooded
mergansers.
B. Reservation:
Season Dates: Begin September 1 and end November 25, 2012.
Daily Bag Limit: 10 mergansers, including no more than 4 hooded
mergansers.
Canada Geese: All Areas:
Season Dates: Begin September 1 and end November 25, 2012.
Daily Bag Limit: 20 geese.
Sandhill Cranes: 1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and end November 25, 2012.
Daily Bag Limit: Two sandhill cranes. A crane carcass tag is
required prior to hunting.
Coots and Common Moorhens (Common Gallinules):
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 15 and end November 25, 2012.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
B. Reservation:
Season Dates: Begin September 1 and end November 25, 2012.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Sora and Virginia Rails: All Areas:
Season Dates: Begin September 1 and end November 25, 2012.
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 25, 2012.
Daily Bag Limit: Eight common snipe.
Woodcock: All Areas:
Season Dates: Begin September 1 and end November 25, 2012.
Daily Bag Limit: Three woodcock.
Mourning Dove: All Areas
Season Dates: Begin September 1 and end October 30, 2012.
Daily Bag Limit: 30 mourning doves.
The following general conditions apply:
1. While hunting waterfowl, a tribal member must carry on his/her
person a valid Ceded Territory License.
2. Shooting hours for migratory birds are one-half hour before
sunrise to one-half hour after sunset.
3. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
provisions of Chapter 10 of the Model Off-Reservation Code. Except as
modified by the Service rules adopted in response to this proposal,
these amended regulations parallel Federal requirements in 50 CFR part
20 as to hunting methods, transportation, sale, exportation, and other
conditions generally applicable to migratory bird hunting.
4. Band members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
5. There are no possession limits for migratory birds except for
cranes in the Ceded Territories, unless otherwise noted above. 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-

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reservation. All migratory birds that fall on reservation lands will
not count as part of any off-reservation bag or possession limit.
The band anticipates harvest will be fewer than 500 ducks and
geese, and less than 12 sandhill cranes.
We propose to approve the request for special migratory bird
hunting regulations for the Fond du Lac Band of Lake Superior Chippewa
Indians.

(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)

In the 1995-96 migratory bird seasons, the Grand Traverse Band of
Ottawa and Chippewa Indians and the Service first cooperated to
establish special regulations for waterfowl. The Grand Traverse Band is
a self-governing, federally recognized Tribe located on the west arm of
Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse
Band is a signatory Tribe of the Treaty of 1836. We have approved
special regulations for tribal members of the 1836 treaty's signatory
Tribes on ceded lands in Michigan since the 1986-87 hunting season.
For the 2012-13 season, the Tribe requests that the tribal member
duck season run from September 15, 2012, through January 15, 2013. A
daily bag limit of 20 would include no more than 5 pintail, 3
canvasback, 1 hooded merganser, 5 black ducks, 5 wood ducks, 3
redheads, and 9 mallards (only 4 of which may be hens).
For Canada and snow geese, the Tribe proposes a September 1 through
November 30, 2012, and a January 1 through February 8, 2013, season.
For white-fronted geese and brant, the Tribe proposes a September 20
through November 30, 2012, season. The daily bag limit for Canada and
snow geese would be 10, and the daily bag limit for white-fronted geese
and including brant would be 5 birds. We further note that, based on
available data (of major goose migration routes), it is unlikely that
any Canada geese from the Southern James Bay Population will be
harvested by the Tribe.
For woodcock, the Tribe proposes a September 1 through November 14,
2012, season. The daily bag limit will not exceed five birds. For
mourning doves, snipe, and rails, the Tribe proposes a September 1
through November 14, 2012, season. The daily bag limit would be 10 per
species.
For sandhill cranes, the Tribe proposes a new season of September 1
through November 30, 2012. The daily bag limit will not exceed one bird
daily. All cranes in this proposed hunt area are Eastern Population
(EP) sandhill cranes (see Sandhill Crane Season under (e) Great Lakes
Indian Fish and Wildlife Commission for further discussion).
All other Federal regulations contained in 50 CFR part 20 would
apply. The Tribe proposes to monitor harvest closely through game bag
checks, patrols, and mail surveys. Harvest surveys from the 2011-12
hunting season indicated that approximately 29 tribal hunters harvested
an estimated 140 ducks and 45 Canada geese.
We propose to approve the Grand Traverse Band of Ottawa and
Chippewa Indians requested 2012-13 special migratory bird hunting
regulations, including the establishment of a new sandhill crane
season. However, given the need to closely monitor the harvest of this
species, we request that Grand Traverse implement either a special
crane harvest tag or crane harvest reporting system/survey to track
crane harvest, similar to that implemented by Fond du Lac last year.

(e) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin
(Tribal Members Only)

Since 1985, various bands of the Lake Superior Tribe of Chippewa
Indians have exercised judicially recognized off-reservation hunting
rights for migratory birds in Wisconsin. The specific regulations were
established by the Service in consultation with the Wisconsin
Department of Natural Resources and the Great Lakes Indian Fish and
Wildlife Commission. (GLIFWC is an intertribal agency exercising
delegated natural resource management and regulatory authority from its
member Tribes in portions of Wisconsin, Michigan, and Minnesota).
Beginning in 1986, a Tribal season on ceded lands in the western
portion of the Michigan Upper Peninsula was developed in coordination
with the Michigan Department of Natural Resources. We have approved
regulations for Tribal members in both Michigan and Wisconsin since the
1986-87 hunting season. In 1987, GLIFWC requested, and we approved,
regulations to permit Tribal members to hunt on ceded lands in
Minnesota, as well as in Michigan and Wisconsin. The States of Michigan
and Wisconsin originally concurred with the regulations, although both
Wisconsin and Michigan have raised various concerns over the years.
Minnesota did not concur with the original regulations, stressing that
the State would not recognize Chippewa Indian hunting rights in
Minnesota's treaty area until a court with jurisdiction over the State
acknowledges and defines the extent of these rights. In 1999, the U.S.
Supreme Court upheld the existence of the tribes' treaty reserved
rights in Minnesota v. Mille Lacs Band, 199 S.Ct. 1187 (1999).
We acknowledge all of the States' concerns, but point out that the
U.S. Government has recognized the Indian treaty reserved rights, and
that acceptable hunting regulations have been successfully implemented
in Minnesota, Michigan, and Wisconsin. Consequently, in view of the
above, we have approved regulations since the 1987-88 hunting season on
ceded lands in all three States. In fact, this recognition of the
principle of treaty reserved rights for band members to hunt and fish
was pivotal in our decision to approve a 1991-92 season for the 1836
ceded area in Michigan. Since then, in the 2007 Consent Decree the 1836
Treaty Tribes' and Michigan Department of Natural Resources and
Environment established court-approved regulations pertaining to off-
reservation hunting rights for migratory birds.
For 2012, the GLIFWC proposed off-reservation special migratory
bird hunting regulations on behalf of the member Tribes of the Voigt
Intertribal Task Force of the GLIFWC (for the 1837 and 1842 Treaty
areas in Wisconsin and Michigan), the Mille Lacs Band of Ojibwe and the
six Wisconsin Bands (for the 1837 Treaty area in Minnesota), and the
Bay Mills Indian Community (for the 1836 Treaty area in Michigan).
Member Tribes of the Task Force are: the Bad River Band of the Lake
Superior Tribe of Chippewa Indians, the Lac Courte Oreilles Band of
Lake Superior Chippewa Indians, the Lac du Flambeau Band of Lake
Superior Chippewa Indians, the Red Cliff Band of Lake Superior Chippewa
Indians, the St. Croix Chippewa Indians of Wisconsin, the Sokaogon
Chippewa Community (Mole Lake Band), all in Wisconsin; the Mille Lacs
Band of Chippewa Indians, and the Fond du Lac Band of Lake Superior
Chippewa Indians in Minnesota; the Lac Vieux Desert Band of Chippewa
Indians, and the Keweenaw Bay Indian Community in Michigan.
The GLIFWC 2012 proposal has several significant changes from
regulations approved last season. In the 1837 and 1842 Treaty Areas,
the GLIFWC proposal would allow the use of electronic calls throughout
the season; would extend shooting hours by 30 minutes in both the
morning and the evening to 1 hour before sunrise and 1 hour after
sunset; would increase the daily bag limits to 50 ducks and remove all
species restrictions within the daily bag limit for ducks; would allow
the

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first harvest of sandhill cranes and tundra swans; would open the
season (other than for geese) on September 4; and would remove
restrictions for decoy use in Wisconsin. In the 1836 Treaty Area, the
GLIFWC proposal would remove all species restrictions within the daily
bag limit for ducks.
GLIFWC states that the proposed regulatory changes are intended to
provide tribal members a harvest opportunity within the scope of rights
reserved in their various treaties and increase tribal subsistence
harvest opportunities, while protecting migratory bird populations.
Under the GLIFWC proposed regulations, GLIFWC expects total ceded
territory harvest to be approximately 1,575 ducks, 300 geese, 50
sandhill cranes, and 50 tundra swans, which is roughly similar to
anticipated levels in previous years for those species for which
seasons were established. GLIWFC further anticipates that tribal
harvest will remain low given the small number of tribal hunters and
the limited opportunity to harvest more than a small number of birds on
most hunting trips.
Recent GLIFWC harvest surveys (1996-98, 2001, 2004, and 2007-08)
indicate that tribal off-reservation waterfowl harvest has averaged
less than 1,050 ducks and 200 geese annually. In the latest survey year
for which we have specific results (2004), an estimated 53 hunters took
an estimated 421 trips and harvested 645 ducks (1.5 ducks per trip) and
84 geese (0.2 geese per trip). Analysis of hunter survey data over
1996-2004 indicates a general downward trend in both harvest and hunter
participation.
While we acknowledge that tribal harvest and participation has
declined in recent years, we do not believe that the GLIFWC's proposal
for tribal waterfowl seasons on ceded lands in Wisconsin, Michigan, and
Minnesota for the 2012-13 season is in the best interest of the
conservation of migratory birds. More specific discussion follows
below.

Allowing Electronic Calls

As we stated last year (76 FR 54676, September 1, 2011), the issue
of allowing electronic calls and other electronic devices for migratory
game bird hunting has been highly debated and highly controversial over
the last 40 years, similar to other prohibited hunting methods such as
baiting. Electronic calls, i.e., the use or aid of recorded or
electronic amplified bird calls or sounds, or recorded or electrically
amplified imitations of bird calls or sounds to lure or attract
migratory game birds to hunters, was Federally prohibited in 1957
because of its effectiveness in attracting and aiding the harvest of
ducks and geese and is generally not considered a legitimate component
of hunting. In 1999, after much debate, the migratory bird regulations
were revised to allow the use of electronic calls for the take of light
geese (lesser snow geese and Ross geese) during a light-goose-only
season when all other waterfowl and crane hunting seasons, excluding
falconry, were closed (64 FR 7507, February 16, 1999; 64 FR 71236,
December 20, 1999; and 73 FR 65926, November 5, 2008). The regulations
were subsequently changed also in 2006 to allow the use of electronic
calls for the take of resident Canada geese during Canada-goose-only
September seasons when all other waterfowl and crane seasons, excluding
falconry, were closed (71 FR 45964, August 10, 2006). In both
instances, these changes were made in order to significantly increase
the harvest of these species due to either serious population
overabundance, or depredation issues, or public health and safety
issues, or both.
Available information from the use of additional hunting methods,
such as electronic calls, during the special light-goose seasons
indicate that total harvest increased approximately 50-69 percent. On
specific days when light-goose special regulations were in effect, the
mean light goose harvest increased 244 percent. One research study
found that lesser snow goose flocks were 5.0 times more likely to fly
within gun range (<=50 meters) in response to electronic calls than to
traditional calls and the mean number of snow geese killed per hour per
hunter averaged 9.1 times greater for electronic calls than for
traditional calls. While these results are only directly applicable to
light geese, we believe these results are applicable to most waterfowl
species, and indicative of some likely adverse harvest impacts on other
geese and ducks.
Removal of the electronic call prohibition would be inconsistent
with our long-standing conservation concerns. Given available evidence
on the effectiveness of electronic calls, and the large biological
uncertainty surrounding any widespread use of electronic calls, we
believe the potential for overharvest could contribute to long-term
population declines. Further, migratory patterns could be affected and
it is possible that hunter participation could increase beyond GLIFWC's
estimates (50 percent) and could result in additional conservation
impacts, particularly on locally breeding populations. Thus, we do not
support allowing the use of electronic calls in the 1837 and 1842
Treaty Areas.
Additionally, given the fact that tribal waterfowl hunting covered
by this proposal would occur on ceded lands that are not in the
ownership of the Tribes, we believe the use of electronic calls to take
waterfowl would lead to confusion on the part of the public, wildlife-
management agencies, and law enforcement officials in implementing the
requirements of 50 CFR part 20. Further, similar to the impacts of
baiting, uncertainties concerning the zone of influence attributed to
the use of electronic calls could potentially increase harvest from
nontribal hunters operating within areas electronic calls are being
used, thereby posing risks to the migratory patterns and distribution
of migratory waterfowl.
Lastly, we remind GLIFWC that electronic calls are permitted for
the take of resident Canada geese during Canada-goose-only September
seasons when all other waterfowl and crane seasons are closed. In the
case of GLIFWC's proposed seasons, electronic calls could be used
September 1-14 for resident Canada geese (as long as GLIFWC's duck and
crane season begins no earlier than September 15). This specific
regulatory change was implemented in 2006 in order to significantly
control resident Canada geese due to widespread population
overabundance, depredation issues, and public health and safety issues.

Expanded Shooting Hours

Normally, shooting hours for migratory game birds are one-half hour
before sunrise to sunset. A number of reasons and concerns have been
cited for extending shooting hours past sunset. Potential impacts to
some locally breeding populations (e.g., wood ducks), hunter safety,
difficulty of identifying birds, retrieval of downed birds, and impacts
on law enforcement are some of the normal concerns raised when
discussing potential expansions of shooting hours. However, despite
these concerns, in 2007, we supported the expansion of shooting hours
by 15 minutes after sunset in the 1837, 1842, and 1836 Treaty Areas (72
FR 58452, October 15, 2007). We had previously supported this expansion
in other tribal areas and have not been made aware of any wide-scale
problems. Further, at that time, we believed that the continuation of a
specific species restriction within the daily bag limit for mallards,
and the implementation of a species restriction within the daily bag
limit for wood ducks, would allay potential conservation concerns for
these species. We supported the

[[Page 49685]]

increase with the understanding that we would need to closely monitor
tribal harvest through either GLIFWC's own increased harvest surveys or
GLIFWC's assisting the Service to survey tribal hunters.
Last year, in deference to tribal traditions and in the interest of
cooperation, and in spite of our previously identified concerns
regarding species identification, species conservation of locally
breeding populations, retrieval of downed birds, hunter safety, and law
enforcement impacts, we approved shooting 30 minutes after sunset (an
extension of 15 minutes from the then-current 15 minutes after sunset)
(76 FR 54676, September 1, 2011). This was consistent with other Tribes
in the general area (Fond du Lac, Leech Lake, Oneida, Sault Ste Marie,
and White Earth). Extending shooting hours on both the front end and
the back end of the day to 1 hour before sunrise and 1 hour after
sunset as GLIWFC has proposed would be contrary to public safety and
only heightens our previously identified concerns. It is widely
considered dark 45 minutes after sunset (and 45 minutes before
sunrise), and we see no viable remedies to allay our concerns. Shooting
this early or late would also significantly increase the potential take
of non-game birds. Thus, we cannot support increasing the shooting
hours by 30 minutes in the 1837 and 1842 Treaty Areas (to 60 minutes
before sunrise and 60 minutes after sunset).

Increasing the Overall Daily Bag Limit for Ducks

Based on the proposed increased daily bag limits (from 30 to 50
ducks per day in the 1837 and 1842 Treaty Areas), GLIFWC is estimating
a relatively small additional duck harvest (1,050 to 1,575 ducks).
While it is possible that hunter participation and harvest could
increase beyond their estimates (50 percent), we do not anticipate such
an increase given their relatively small average daily harvest (2.2
ducks per day). Further, GLIFWC reports that the largest number of
ducks reportedly harvested in a single day was 20. Thus, we do not
anticipate any large-scale harvest shifts or significant biological
conservation impacts with GLIFWC's proposal. However, we also note that
GLIFWC's own dated harvest data indicates that present daily bag limits
do not appear to be a hindrance or limiting factor for Tribal harvest,
and increasing the daily bag limit to 50 ducks from the present 30-duck
daily bag limit would be far in excess of anything we currently have
experience with regarding tribal migratory bird hunting regulations. We
further note that in 2007, in an effort to obtain the necessary
information, we implemented a pilot expansion of the daily bag limit
for ducks to 30 birds per day in the 1837 and 1842 Treaty Areas. We
supported this with the understanding that we would need to closely
monitor tribal harvest through either GLIFWC's own increased harvest
surveys or GLIFWC's assisting the Service to survey tribal hunters. We
have reiterated our request over the past several years for GLIFWC to
continue their current harvest survey based on our implementation of
this pilot bag limit increase for ducks in the 1837 and 1842 Treaty
Areas in 2007, particularly for species such as mallards, the bag
limits for which were subsequently significantly increased in 2008
(from 10 to 30 per day). To date, we have not been presented with any
new data since the 2008 harvest survey results.

Remove Restrictions on Decoy Use in Wisconsin

In Wisconsin, State law requires that decoys may not be placed more
than an hour before legal shooting hours or left out more than 20
minutes after legal shooting hours. As we stated last year concerning a
similar decoy restriction in Michigan (76 FR 54676, September 1, 2011),
while we believe that there may be safety concerns with elimination of
such a restriction, we take no position on the relative need or lack of
need for such a restriction. Other than regulations on National
Wildlife Refuges and other Federal lands, there are no Federal
restrictions requiring the removal of unattended decoys.
Additionally, given the fact that tribal waterfowl hunting covered
by this proposal would occur on ceded lands that are not in the
ownership of the Tribes, we believe the use of unattended decoys to
``reserve'' hunting areas in public waters (i.e., those lands in the
ceded territories outside of lands directly controlled by the Tribes)
could lead to confusion and frustration on the part of the public,
hunters, wildlife-management agencies, and law enforcement officials
due to the inherent difficulties of different sets of hunting
regulations for different areas and groups of hunters. However, we view
this issue as a Tribal-State issue, and the Service takes no position
on it in this proposed rule.

Removal of Species Restrictions for Ducks

We have several concerns with GLIFWC's proposal to remove all
species restrictions within the overall duck daily bag limits in the
1837 and 1842 Treaty Areas. We have a number of duck species that are
either showing long-term downward population trends (pintails and black
ducks), or other species for which an increased daily bag limit of 50
birds per day could potentially have conservation impacts (scaup,
canvasbacks), particularly on locally-breeding ducks (mallards and wood
ducks). Overharvest of these species in localized areas due to removal
of species restrictions could contribute to long-term declines.
However, while we believe the proposal to eliminate all species
restrictions within the daily bag limit for ducks could potentially
have resource conservation impacts on locally-breeding duck
populations, and would prefer not to implement such a change at this
time, we are willing to remove the restrictions for tribal harvest in
the 1836, 1837, and 1842 ceded areas. As we stated last year regarding
the removal of possession limits (76 FR 54676, September 1, 2011), we
make this change with some trepidation. However, in the interest of our
long-term relationship with GLIWFC, and the high importance GLIWFC has
placed on this issue, we would agree with this important change. We
note that, should resource conservation impacts be discovered, or
should a particular species' population status warrant action, we would
expect that the lack of species restrictions would be revisited and
adjusted accordingly, especially if a particular species warranted a
nationwide closed season (e.g., canvasbacks).

Earlier Duck Season Opening Date

The Migratory Bird Treaty allows the hunting of migratory game
birds beginning September 1. Generally, we have tried to guide Tribes
to select an opening date for duck hunting of no earlier than September
15. This guidance is based on our concern that hunting prior to
September 15 significantly increases the potential for taking ducks
that have not yet fully fledged (normally the result of late-nesting or
renesting hens) or species misidentification due to the fact that some
species and/or sexes are not yet readily distinguishable. While these
impacts primarily concern locally-breeding ducks, the potential does
exist for the take of molt migrants, i.e., birds that have specifically
migrated to an area to complete the molting process. We would prefer
that GLIFWC adhere to this guidance and would prefer not to implement
such a change at this time. However, we see no significant conservation
implications given the relatively small numbers of tribal hunters and
are willing to allow

[[Page 49686]]

GLIFWC to begin the duck season on September 4 in the 1836, 1837, and
1842 ceded areas. We are proposing this change in the interest of our
long-term relationship with GLIWFC and the understanding that if
significant conservation impacts are discovered, we would adjust the
duck season opening date accordingly.

Sandhill Crane Season

We have no objections to the establishment of a sandhill crane
season in the 1837 and 1842 Treaty Areas. We note that at least one
other Tribe currently has a sandhill crane season (see (c) Fond du Lac
Band of Lake Superior Chippewa in Minnesota elsewhere in this proposed
rule) and another has proposed establishing a new season this year (see
(d) Grand Traverse Band of Ottawa and Chippewa in Michigan elsewhere in
this proposed rule). All cranes in these current and proposed hunt
areas are Eastern Population (EP) sandhill cranes. EP sandhill cranes
rebounded from near extirpation in the late 1800s to over 30,000 cranes
by 1996. As of last year, the current 3-year average population index
for EP cranes was 51,217 cranes. As a result of this rebound and their
continued range expansion, the Atlantic and Mississippi Flyway Councils
developed a cooperative management plan for this population, and
criteria were developed describing when hunting seasons could be
opened. The State of Kentucky held its first hunting season on this
population in 2011-12 and harvested 50 cranes. Further, allowance for
Tribal harvest is specifically considered in the EP plan.
GLIFWC estimates that no more than 50 cranes will be harvested
during the proposed season. We note that two cranes were harvested last
year in the inaugural Fond du Lac sandhill crane season. We support the
establishment of GLIFWC's new sandhill crane season. However, given the
need to closely monitor the harvest of this species, we request that
GLIFWC implement either a special crane harvest tag or crane harvest
reporting system/survey to track crane harvest, similar to that
implemented by Fond du Lac last year, and requested of Grand Traverse
this year (see (d) Grand Traverse Band of Ottawa and Chippewa Indians
in Michigan elsewhere in this proposed rule).

Tundra Swan Season

As we stated with sandhill cranes, we are not opposed to the
establishment of a tundra swan season in Wisconsin. However, unlike the
sandhill crane issue, the establishment of a new tundra swan season in
the ceded territory areas in question involves several significant
concerns and special considerations. We believe these concerns need
further study and consideration before any implementation of a new
tundra swan season in the ceded territories.
First, the proposed areas in question are also home to trumpeter
swans. Many cooperators, including GLIFWC, worked together to
reestablish a breeding trumpeter swan population in the Great Lakes.
These efforts have been largely successful with the removal of this
species from the Wisconsin endangered species list in 2009. After a 25-
year recovery program, there are currently about 200 breeding pairs in
Wisconsin. However, it is very difficult to distinguish between tundra
and trumpeter swans unless swans vocalize in flight. We have
significant concerns over the accidental harvest of trumpeter swans by
tribal hunters hunting during a tundra swan season. Further, within
Wisconsin, the northern ceded territory is an area of high trumpeter
swan use containing over 80 percent of the breeding pairs. We believe
such areas should be avoided either temporally or geographically to the
extent possible. When a hunting season on tundra swans is ultimately
implemented, we believe it would be best to focus hunting efforts on
the primary tundra swan migration concentrations while avoiding areas
of significant trumpeter swan numbers. Unfortunately, most such areas
are located outside of the ceded territories of northern Wisconsin.
In addition to the concerns about potential impacts to trumpeter
swans, we believe it is imperative that any tribal tundra swan hunting
proposal follow the Eastern Population of tundra swans management plan
including a quota permit system and harvest reporting. The EP tundra
swan management plan was cooperatively developed by the Atlantic,
Central, and Mississippi Flyway Councils in 2007 and guides the
management and harvest of EP tundra swans.
For these reasons, we do not believe that a tribal tundra swan
hunting season in the ceded territory should be implemented this year.
Given that all these concerns can be worked through over the next year,
we do not believe that implementation of a tundra swan season next
season is unrealistic. We note that both the Service and the State
wildlife agencies have considerable trumpeter swan information that
would be helpful in conducting additional biological evaluation and
harvest planning and are available to work with GLIFWC on these issues.
The proposed 2012-13 waterfowl hunting season regulations apply to
all treaty areas (except where noted) for GLIFWC as follows:
Ducks:
Season Dates: Begin September 4 and end December 31, 2012.
Daily Bag Limit: 50 ducks in the 1937 and 1842 Treaty Area; 30
ducks in the 1836 Treaty Area.
Mergansers:
1836 Treaty Area Season Dates: Begin September 15 and end December
31, 2012.
1837 and 1842 Treaty Area Season Dates: Begin September 4 and end
December 31, 2012.
Daily Bag Limit: 10 mergansers.
Geese:
Season Dates: Begin September 1 and end December 31, 2012. 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:
A. Coots and Common Moorhens (Common Gallinules):
1836 Treaty Area Season Dates: Begin September 15 and end December
31, 2012.
1837 and 1842 Treaty Area Season Dates: Begin September 4 and end
December 31, 2012.
Daily Bag Limit: 20 coots and common moorhens (common gallinules),
singly or in the aggregate.
B. Sora and Virginia Rails:
1836 Treaty Area Season Dates: Begin September 15 and end December
31, 2012.
1837 and 1842 Treaty Area Season Dates: Begin September 4 and end
December 31, 2012.
Daily Bag and Possession Limits: 20, singly, or in the aggregate,
25.
C. Common Snipe:
1836 Treaty Area Season Dates: Begin September 15 and end December
31, 2012.
1837 and 1842 Treaty Area Season Dates: Begin September 4 and end
December 31, 2012.
Daily Bag Limit: 16 common snipe.
D. Woodcock:
1836 Treaty Area Season Dates: Begin September 15 and end December
31, 2012.
1837 and 1842 Treaty Area Season Dates: Begin September 4 and end
December 31, 2012.
Daily Bag Limit: 10 woodcock.
E. Mourning Dove: 1837 and 1842 Ceded Territories only.
Season Dates: Begin September 1 and end November 9, 2012.
Daily Bag Limit: 15 mourning doves.

[[Page 49687]]

F. Sandhill Cranes: 1837 and 1842 Ceded Territories only.
Season Dates: Begin September 4 and end December 31, 2012.
Daily Bag Limit: 1 crane.
General Conditions
A. All tribal members will be required to obtain a valid tribal
waterfowl hunting permit.
B. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
model ceded territory conservation codes approved by Federal courts in
the Lac Courte Oreilles v. 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 adopted
in response to this proposal.
C. Particular regulations of note include:
1. Nontoxic shot will be required for all waterfowl hunting by
tribal members.
2. Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
3. There is no possession limit. For purposes of enforcing bag
limits, all migratory birds in the possession and custody of tribal
members on ceded lands will be considered to have been taken on those
lands unless tagged by a tribal or State conservation warden as taken
on reservation lands. All migratory birds that fall on reservation
lands will not count as part of any off-reservation bag or possession
limit.
4. The baiting restrictions included in the respective section
10.05(2)(h) of the model ceded territory conservation codes will be
amended to include language which parallels that in place for nontribal
members as published at 64 FR 29799, June 3, 1999.
5. The shell limit restrictions included in the respective section
10.05(2)(b) of the model ceded territory conservation codes will be
removed.
6. Hunting hours shall be from a half hour before sunrise to 30
minutes after sunset.
We propose to approve the above GLIFWC regulations for the 2012-13
hunting season.

(f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New
Mexico (Tribal Members and Nontribal Hunters)

The Jicarilla Apache Tribe has had special migratory bird hunting
regulations for tribal members and nonmembers since the 1986-87 hunting
season. The Tribe owns all lands on the reservation and has recognized
full wildlife management authority. In general, the proposed seasons
would be more conservative than allowed by the Federal frameworks of
last season and by States in the Pacific Flyway.
The Tribe proposed a 2012-13 waterfowl and Canada goose season
beginning October 13, 2012, and a closing date of November 30, 2012.
Daily bag and possession limits for waterfowl would be the same as
Pacific Flyway States. The Tribe proposes a daily bag limit for Canada
geese of two. Other regulations specific to the Pacific Flyway
guidelines for New Mexico would be in effect.
During the Jicarilla Game and Fish Department's 2012-13 season,
estimated duck harvest was 436, which is within the historical harvest
range. The species composition in the past has included mainly
mallards, gadwall, wigeon, and teal. Northern pintail comprised less
than one percent of the total harvest in 2011. The estimated harvest of
geese was 23 birds.
The proposed regulations are essentially the same as were
established last year. The Tribe anticipates the maximum 2012-13
waterfowl harvest would be around 500 ducks and 15-25 geese.
We propose to approve the Tribe's requested 2012-13 hunting
seasons.

(g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters)

The Kalispel Reservation was established by Executive Order in
1914, and currently comprises approximately 4,600 acres. The Tribe owns
all Reservation land and has full management authority. The Kalispel
Tribe has a fully developed wildlife program with hunting and fishing
codes. The Tribe enjoys excellent wildlife management relations with
the State. The Tribe and the State have an operational Memorandum of
Understanding with emphasis on fisheries but also for wildlife.
The nontribal member seasons described below pertain to a 176-acre
waterfowl management unit and 800 acres of reservation land with a
guide for waterfowl hunting. The Tribe is utilizing this opportunity to
rehabilitate an area that needs protection because of past land use
practices, as well as to provide additional waterfowl hunting in the
area. Beginning in 1996, the requested regulations also included a
proposal for Kalispel-member-only migratory bird hunting on Kalispel-
ceded lands within Washington, Montana, and Idaho.
For the 2012-13 migratory bird hunting seasons, the Kalispel Tribe
proposed tribal and nontribal member waterfowl seasons. The Tribe
requests that both duck and goose seasons open at the earliest possible
date and close on the latest date under Federal frameworks.
For nontribal hunters on reservation, the Tribe requests the
seasons open at the earliest possible date and remain open, for the
maximum amount of open days. Specifically, the Tribe requests that the
season for ducks begin September 22, 2012, and end January 31, 2013. In
that period, nontribal hunters would be allowed to hunt approximately
101 days. Hunters should obtain further information on specific hunt
days from the Kalispel Tribe.
The Tribe also requests the season for geese run from September 1
to September 13, 2012, and from October 1, 2012, to January 31, 2013.
Total number of days should not exceed 107. Nontribal hunters should
obtain further information on specific hunt days from the Tribe. Daily
bag and possession limits would be the same as those for the State of
Washington.
The Tribe reports past nontribal harvest of 1.5 ducks per day.
Under the proposal, the Tribe expects harvest to be similar to last
year and less than 100 geese and 200 ducks.
All other State and Federal regulations contained in 50 CFR part
20, such as use of nontoxic shot and possession of a signed migratory
bird hunting stamp, would be required.
For tribal members on Kalispel-ceded lands, the Kalispel Tribe
proposes season dates consistent with Federal flyway frameworks.
Specifically, the Tribe requests outside frameworks for ducks of
October 1, 2012, through January 31, 2013, and for geese of September
1, 2012, through January 31, 2013. The Tribe requests that both duck
and goose seasons open at the earliest possible date and close on the
latest date under Federal frameworks. During that period, the Tribe
proposes that the season run continuously. Daily bag and possession
limits would be concurrent with the Federal rule.
The Tribe reports that there was no tribal harvest. Under the
proposal, the Tribe expects harvest to be less than 200 birds for the
season with less than 100 geese. Tribal members would be

[[Page 49688]]

required to possess a signed Federal migratory bird stamp and a tribal
ceded lands permit.
We propose to approve the regulations requested by the Kalispel
Tribe, provided that the nontribal seasons conform to Treaty
limitations and final Federal frameworks for the Pacific Flyway.

(h) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)

The Klamath Tribe currently has no reservation, per se. However,
the Klamath Tribe has reserved hunting, fishing, and gathering rights
within its former reservation boundary. This area of former
reservation, granted to the Klamaths by the Treaty of 1864, is over 1
million acres. Tribal natural resource management authority is derived
from the Treaty of 1864, and carried out cooperatively under the
judicially enforced Consent Decree of 1981. The parties to this Consent
Decree are the Federal Government, the State of Oregon, and the Klamath
Tribe. The Klamath Indian Game Commission sets the seasons. The tribal
biological staff and tribal regulatory enforcement officers monitor
tribal harvest by frequent bag checks and hunter interviews.
For the 2012-13 season, the Tribe requests proposed season dates of
October 1, 2012, through January 31, 2013. Daily bag limits would be 9
for ducks, 9 for geese, and 9 for coot, with possession limits twice
the daily bag limit. Shooting hours would be one-half hour before
sunrise to one-half hour after sunset. Steel shot is required.
Based on the number of birds produced in the Klamath Basin, this
year's harvest would be similar to last year's. Information on tribal
harvest suggests that more than 70 percent of the annual goose harvest
is local birds produced in the Klamath Basin.
We propose to approve the Klamath Tribe's requested 2012-13 special
migratory bird hunting regulations.

(i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only)

The Leech Lake Band of Ojibwe is a federally recognized Tribe
located in Cass Lake, Minnesota. The reservation employs conservation
officers to enforce conservation regulations. The Service and the Tribe
have cooperatively established migratory bird hunting regulations since
2000.
For the 2012-13 season, the Tribe requests a duck season starting
on September 15 and ending December 31, 2012, and a goose season to run
from September 1 through December 31, 2012. Daily bag limits for ducks
would be 10, including no more than 5 pintail, 5 canvasback, and 5
black ducks. Daily bag limits for geese would be 10. Possession limits
would be twice the daily bag limit. Shooting hours are one-half hour
before sunrise to one-half hour after sunset.
The annual harvest by tribal members on the Leech Lake Reservation
is estimated at 500-1,000 birds.
We propose to approve the Leech Lake Band of Ojibwe's special
migratory bird hunting season.

(j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only)

The Little River Band of Ottawa Indians is a self-governing,
federally recognized Tribe located in Manistee, Michigan, and a
signatory Tribe of the Treaty of 1836. We have approved special
regulations for tribal members of the 1836 treaty's signatory Tribes on
ceded lands in Michigan since the 1986-87 hunting season. Ceded lands
are located in Lake, Mason, Manistee, and Wexford Counties. The Band
normally proposes regulations to govern the hunting of migratory birds
by Tribal members within the 1836 Ceded Territory as well as on the
Band's Reservation.
For the 2012-13 season, we assume the Little River Band of Ottawa
Indians would propose a duck and merganser season from September 15,
2012, through January 20, 2013. A daily bag limit of 12 ducks would
include no more than 2 pintail, 2 canvasback, 3 black ducks, 3 wood
ducks, 3 redheads, 6 mallards (only 2 of which may be a hen), and 1
hooded merganser. Possession limits would be twice the daily bag limit.
For white-fronted geese, snow geese, and brant, the Tribe usually
proposes a September 20 through November 30 season. Daily bag limits
would be five geese.
For Canada geese only, the Tribe will likely propose a September 1,
2012, through February 8, 2013, season with a daily bag limit of five.
The possession limit would be twice the daily bag limit.
For snipe, woodcock, rails, and mourning doves, we expect the Tribe
will propose a September 1 to November 14, 2012, season. The daily bag
limit would be 10 common snipe, 5 woodcock, 10 rails, and 10 mourning
doves. Possession limits for all species would be twice the daily bag
limit.
The Tribe monitors harvest through mail surveys. General conditions
are as follows:
A. All tribal members will be required to obtain a valid tribal
resource card and 2012-13 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.
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.
We plan to approve Little River Band of Ottawa Indians' special
migratory bird hunting seasons upon receipt of their proposal based on
the provisions described above.

(k) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan
(Tribal Members Only)

The Little Traverse Bay Bands of Odawa Indians (LTBB) is a self-
governing, federally recognized Tribe located in Petoskey, Michigan,
and a signatory Tribe of the Treaty of 1836. We have approved special
regulations for tribal members of the 1836 treaty's signatory Tribes on
ceded lands in Michigan since the 1986-87 hunting season.
For the 2012-13 season, the Little Traverse Bay Bands of Odawa
Indians propose regulations similar to those of other Tribes in the
1836 treaty area. LTBB proposes the regulations to govern the hunting
of migratory birds by tribal members on the LTBB reservation and within
the 1836 Treaty Ceded Territory. The tribal member duck and merganser
season would run from September 15, 2012, through January 31, 2013. A
daily bag limit of 20 ducks and 10 mergansers would include no more
than 5 hen mallards, 5 pintail, 5 canvasback, 5 scaup, 5 hooded
merganser, 5 black ducks, 5 wood ducks, and 5 redheads.
For Canada geese, the Tribe proposes a September 1, 2012, through
February 8, 2013, season. The daily bag limit for Canada geese would be
20 birds. We further note that, based on available data (of major goose
migration routes), it is unlikely that any Canada geese from the
Southern James Bay Population would be harvested by the Tribe.
Possession limits are twice the daily bag limit.

[[Page 49689]]

For woodcock, the Tribe proposes a September 1, 2012, to December
1, 2012, season. The daily bag limit will not exceed 10 birds. For
snipe, the Tribe proposes a September 1 to December 31, 2012, season.
The daily bag limit will not exceed 16 birds. For mourning doves, the
Tribe proposes a September 1 to November 14, 2012, season. The daily
bag limit will not exceed 15 birds. For Virginia and sora rails, the
Tribe proposes a September 1 to December 31, 2012, season. The daily
bag limit will not exceed 20 birds per species. For coots and
gallinules, the Tribe proposes a September 15 to December 31, 2012,
season. The daily bag limit will not exceed 20 birds per species. The
possession limit will not exceed 2 days' bag limit for all birds.
All other Federal regulations contained in 50 CFR part 20 would
apply.
The Tribe proposes to monitor harvest closely through game bag
checks, patrols, and mail surveys. In particular, the Tribe proposes
monitoring the harvest of Southern James Bay Canada geese to assess any
impacts of tribal hunting on the population.
We propose to approve the Little Traverse Bay Bands of Odawa
Indians' requested 2012-13 special migratory bird hunting regulations.

(l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters)

The Lower Brule Sioux Tribe first established tribal migratory bird
hunting regulations for the Lower Brule Reservation in 1994. The Lower
Brule Reservation is about 214,000 acres in size and is located on and
adjacent to the Missouri River, south of Pierre. Land ownership on the
reservation is mixed, and until recently, the Lower Brule Tribe had
full management authority over fish and wildlife via an MOA with the
State of South Dakota. The MOA provided the Tribe jurisdiction over
fish and wildlife on reservation lands, including deeded and Corps of
Engineers-taken lands. For the 2012-13 season, the two parties have
come to an agreement that provides the public a clear understanding of
the Lower Brule Sioux Wildlife Department license requirements and
hunting season regulations. The Lower Brule Reservation waterfowl
season is open to tribal and nontribal hunters.
For the 2012-13 migratory bird hunting season, the Lower Brule
Sioux Tribe proposes a nontribal member duck, merganser, and coot
season length of 97 days, or the maximum number of days allowed by
Federal frameworks in the High Plains Management Unit for this season.
The Tribe proposes a duck season from September 29, 2012, through
January 3, 2013. The daily bag limit would be six birds, including no
more than two hen mallard and five mallards total, one pintail, two
redheads, one canvasback, two wood ducks, two scaup, and one mottled
duck. The daily bag limit for mergansers would be five, only two of
which could be a hooded merganser. The daily bag limit for coots would
be 15. Possession limits would be twice the daily bag limits.
The Tribe's proposed nontribal-member Canada goose season would run
from October 27, 2012, through February 10, 2013 (107-day season
length), with a daily bag limit of three Canada geese. The Tribe's
proposed nontribal member white-fronted goose season would run from
October 27, 2012, through January 4, 2013, and January 26 through
February 10, 2013, with a daily bag limit of one white-fronted goose.
The Tribe's proposed nontribal-member light goose season would run from
October 27, 2012, through January 6, 2013, and February 2 through March
10, 2013. The light goose daily bag limit would be 20. Possession
limits would be twice the daily bag limits.
For tribal members, the Lower Brule Sioux Tribe proposes a duck,
merganser, and coot season from September 22, 2012, through March 10,
2013. The daily bag limit would be six ducks, including no more than
two hen mallard and five mallards total, one pintail, two redheads, one
canvasback, two wood ducks, two scaup, and one mottled duck. The daily
bag limit for mergansers would be five, only two of which could be
hooded mergansers. The daily bag limit for coots would be 15.
Possession limits would be twice the daily bag limits.
The Tribe's proposed Canada goose season for tribal members would
run from September 22, 2012, through March 10, 2013, with a daily bag
limit of three Canada geese. The Tribe's proposed white-fronted goose
tribal season would run from September 22, 2012, through March 10,
2013, with a daily bag limit of two white-fronted geese. The Tribe's
proposed light goose tribal season would run from September 22, 2012,
through March 10, 2013. The light goose daily bag limit would be 20.
Possession limits would be twice the daily bag limits.
In the 2011-12 season, hunters harvested 551 geese and 695 ducks.
In the 2011-12 season, duck harvest species composition was primarily
mallard (74 percent), gadwall, and green-winged teal (8 percent).
Goose harvest species composition in 2011-12 at Mni Sho Sho was
insignificant due to the few hunting days offered compared to previous
years.
The Tribe anticipates a duck harvest similar to those of the
previous 3 years and a goose harvest below the target harvest level of
3,000 to 4,000 geese. All basic Federal regulations contained in 50 CFR
part 20, including the use of nontoxic shot, Migratory Waterfowl
Hunting and Conservation Stamps, etc., would be observed by the Tribe's
proposed regulations. In addition, the Lower Brule Sioux Tribe has an
official Conservation Code that was established by Tribal Council
Resolution in June 1982 and updated in 1996.
We plan to approve the Tribe's requested regulations for the Lower
Brule Reservation given that the seasons' dates fall within final
Federal flyway frameworks (applies to nontribal hunters only).

(m) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal Members
Only)

Since 1996, the Service and the Point No Point Treaty Tribes, of
which Lower Elwha was one, have cooperated to establish special
regulations for migratory bird hunting. The Tribes are now acting
independently and the Lower Elwha Klallam Tribe would like to establish
migratory bird hunting regulations for tribal members for the 2012-13
season. The Tribe has a reservation on the Olympic Peninsula in
Washington State and is a successor to the signatories of the Treaty of
Point No Point of 1855.
For the 2012-13 season, the Lower Elwha Klallam Tribe requests a
duck and coot season from September 15, 2012, to January 6, 2013. The
daily bag limit will be seven ducks including no more than two hen
mallards, one pintail, one canvasback, and two redheads. The daily bag
and possession limit on harlequin duck will be one per season. The coot
daily bag limit will be 25. The possession limit will be twice the
daily bag limit, except as noted above.
For geese, the Tribe requests a season from September 15, 2012, to
January 6, 2013. The daily bag limit will be four, including no more
than three light geese. The season on Aleutian Canada geese will be
closed.
For brant, the Tribe proposes to close the season.
For mourning doves, band-tailed pigeon, and snipe, the Tribe
requests a season from September 15, 2012, to January 6, 2013, with a
daily bag limit of 10, 2, and 8, respectively. The

[[Page 49690]]

possession limit will be twice the daily bag limit.
All Tribal hunters authorized to hunt migratory birds are required
to obtain a tribal hunting permit from the Lower Elwha Klallam Tribe
pursuant to tribal law. Hunting hours would be from one-half hour
before sunrise to sunset. Only steel, tungsten-iron, tungsten-polymer,
tungsten-matrix, and tin shot are allowed for hunting waterfowl. It is
unlawful to use or possess lead shot while hunting waterfowl.
The Tribe typically anticipates harvest to be fewer than 10 birds.
Tribal reservation police and Tribal fisheries enforcement officers
have the authority to enforce these migratory bird hunting regulations.
The Service proposes to approve the request for special migratory
bird hunting regulations for the Lower Elwha Klallam Tribe.

(n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members Only)

The Makah Indian Tribe and the Service have been cooperating to
establish special regulations for migratory game birds on the Makah
Reservation and traditional hunting land off the Makah Reservation
since the 2001-02 hunting season. Lands off the Makah Reservation are
those contained within the boundaries of the State of Washington Game
Management Units 601-603.
The Makah Indian Tribe proposes a duck and coot hunting season from
September 22, 2012, to January 26, 2013. The daily bag limit is seven
ducks, including no more than five mallards (only two hen mallard), one
canvasback, one pintail, three scaup, and one redhead. The daily bag
limit for coots is 25. The Tribe has a year-round closure on wood ducks
and harlequin ducks. Shooting hours for all species of waterfowl are
one-half hour before sunrise to sunset.
For geese, the Tribe proposes that the season open on September 22,
2012, and close January 26, 2013. The daily bag limit for geese is four
and one brant. The Tribe notes that there is a year-round closure on
Aleutian and dusky Canada geese.
For band-tailed pigeons, the Tribe proposes that the season open
September 15, 2012, and close October 28, 2012. The daily bag limit for
band-tailed pigeons is two.
The Tribe anticipates that harvest under this regulation will be
relatively low since there are no known dedicated waterfowl hunters and
any harvest of waterfowl or band-tailed pigeons is usually incidental
to hunting for other species, such as deer, elk, and bear. The Tribe
expects fewer than 50 ducks and 10 geese to be harvested during the
2012-13 migratory bird hunting season.
All other Federal regulations contained in 50 CFR part 20 would
apply. The following restrictions are also usually proposed by the
Tribe:
(1) As per Makah Ordinance 44, only shotguns may be used to hunt
any species of waterfowl. Additionally, shotguns must not be discharged
within 0.25 miles of an occupied area.
(2) Hunters must be eligible, enrolled Makah tribal members and
must carry their Indian Treaty Fishing and Hunting Identification Card
while hunting. No tags or permits are required to hunt waterfowl.
(3) The Cape Flattery area is open to waterfowl hunting, except in
designated wilderness areas, or within 1 mile of Cape Flattery Trail,
or in any area that is closed to hunting by another ordinance or
regulation.
(4) The use of live decoys and/or baiting to pursue any species of
waterfowl is prohibited.
(5) Steel or bismuth shot only for waterfowl is allowed; the use of
lead shot is prohibited.
(6) The use of dogs is permitted to hunt waterfowl.
The Service proposes to approve the Makah Indian Tribe's requested
2012-13 special migratory bird hunting regulations.

(o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
(Tribal Members and Nontribal Hunters)

Since 1985, we have established uniform migratory bird hunting
regulations for tribal members and nonmembers on the Navajo Indian
Reservation (in parts of Arizona, New Mexico, and Utah). The Navajo
Nation owns almost all lands on the reservation and has full wildlife
management authority.
For the 2012-13 season, the Navajo Nation requests special
migratory bird hunting regulations on the reservation for both tribal
and nontribal hunters for ducks (including mergansers), Canada geese,
coots, band-tailed pigeons, and mourning doves. For ducks, mergansers,
Canada geese, and coots, the Tribe requests the earliest opening dates
and longest seasons, and the same daily bag and possession limits
allowed to Pacific Flyway States under final Federal frameworks.
For both mourning dove and band-tailed pigeons, the Navajo Nation
proposes seasons of September 1 through September 30, 2012, with daily
bag limits of 10 and 5, respectively. Possession limits would be twice
the daily bag limits.
The Nation requires tribal members and nonmembers to comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20
pertaining to shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp), which
must be signed in ink across the face. Special regulations established
by the Navajo Nation also apply on the reservation.
The Tribe anticipates a total harvest of fewer than 500 mourning
doves; fewer than 10 band-tailed pigeons; fewer than 1,000 ducks,
coots, and mergansers; and fewer than 1,000 Canada geese for the 2012-
13 season. The Tribe will measure harvest by mail survey forms. Through
the established Navajo Nation Code, titles 17 and 18, and 23 U.S.C.
1165, the Tribe will take action to close the season, reduce bag
limits, or take other appropriate actions if the harvest is detrimental
to the migratory bird resource.
We propose to approve the Navajo Nation's special migratory bird
season.

(p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members Only)

Since 1991-92, the Oneida Tribe of Indians of Wisconsin and the
Service have cooperated to establish uniform regulations for migratory
bird hunting by tribal and nontribal hunters within the original Oneida
Reservation boundaries. Since 1985, the Oneida Tribe's Conservation
Department has enforced the Tribe's hunting regulations within those
original reservation limits. The Oneida Tribe also has a good working
relationship with the State of Wisconsin and the majority of the
seasons and limits are the same for the Tribe and Wisconsin.
In a June 18, 2012, letter, the Tribe proposed special migratory
bird hunting regulations. For ducks, the Tribe described the general
outside dates as being September 15 through December 2, 2012, with a
closed segment of November 17 to 25, 2012. The Tribe proposes a daily
bag limit of six birds, which could include no more than six mallards
(three hen mallards), six wood duck, one redhead, two pintail, and one
hooded merganser.
For geese, the Tribe requests a season between September 1 and
December 30, 2012, with a daily bag limit of five Canada geese from
September 1 through 14, 2012, and three from September 15, 2012,
through December 30, 2012. The Tribe will close the season November 17
to 25, 2012. If a quota of 300 geese is attained before the season
concludes,

[[Page 49691]]

the Tribe will recommend closing the season early.
For woodcock, the Tribe proposes a season between September 1 and
November 4, 2012, with a daily bag and possession limit of 5 and 10,
respectively.
For mourning dove, the Tribe proposes a season between September 1
and November 4, 2012, with a daily bag and possession limit of 10 and
20, respectively.
The Tribe proposes shooting hours be one-half hour before sunrise
to one-half hour after sunset. Nontribal hunters hunting on the
Reservation or on lands under the jurisdiction of the Tribe must comply
with all State of Wisconsin regulations, including shooting hours of
one-half hour before sunrise to sunset, season dates, and daily bag
limits. Tribal members and nontribal hunters hunting on the Reservation
or on lands under the jurisdiction of the Tribe must observe all basic
Federal migratory bird hunting regulations found in 50 CFR part 20,
with the following exceptions: Oneida members would be exempt from the
purchase of the Migratory Waterfowl Hunting and Conservation Stamp
(Duck Stamp); and shotgun capacity is not limited to three shells.
The Service proposes to approve the request for special migratory
bird hunting regulations for the Oneida Tribe of Indians of Wisconsin.

(q) Point No Point Treaty Council Tribes, Kingston, Washington (Tribal
Members Only)

We are establishing uniform migratory bird hunting regulations for
tribal members on behalf of the Point No Point Treaty Council Tribes,
consisting of the Port Gamble S'Klallam and Jamestown S'Klallam Tribes.
The two tribes have reservations and ceded areas in northwestern
Washington State and are the successors to the signatories of the
Treaty of Point No Point of 1855. These proposed regulations will apply
to tribal members both on and off reservations within the Point No
Point Treaty Areas; however, the Port Gamble S'Klallam and Jamestown
S'Klallam Tribal season dates differ only where indicated below.
For the 2012-13 season, we expect the Point No Point Treaty Council
to request special migratory bird hunting regulations for the 2012-13
hunting season for both the Jamestown S'Klallam and Port Gamble
S'Klallam Tribes. For ducks and coots hunting season, based on past
experience, the Jamestown S'Klallam Tribe will likely propose the
season open September 15, 2012, and close February 1, 2013. The Port
Gamble S'Klallam Tribes usually proposes the season open from September
1, 2012, to February 1, 2013. The daily bag limit would be seven ducks,
including no more than two hen mallards, one canvasback, one pintail,
two redhead, and four scoters. The daily bag limit for coots would be
25. The daily bag limit and possession limit on harlequin ducks would
be one per season. The daily possession limits are double the daily bag
limits except where noted.
For geese, the Point No Point Treaty Council will likely propose
the season open on September 15, 2012, and close March 10, 2013. The
daily bag limit for geese would be four, not to include more than three
light geese. The Council notes that there is a year-round closure on
Aleutian and cackling Canada geese. For brant, we expect the Council to
propose the season open on November 13, 2012, and close January 31,
2013. The daily bag limit for brant would be two.
For band-tailed pigeons and snipe, we expect the Port Gamble
S'Klallam Tribe to propose the season open September 1, 2012, and close
March 10, 2013. The Jamestown S'Klallam Tribe will likely propose the
season open September 15, 2012, and close March 10, 2013. The daily bag
limit for band-tailed pigeons will probably be two and eight for snipe.
For mourning dove, we expect the Port Gamble S'Klallam Tribe to propose
the season open September 1, 2012, and close January 31, 2013. The
Jamestown S'Klallam Tribe will likely propose the season open September
15, 2012, and close January 14, 2013. The daily bag limit for mourning
dove would be 10.
The Tribe usually anticipates a total harvest of fewer than 200
birds for the 2012-13 season. The tribal fish and wildlife enforcement
officers have the authority to enforce these tribal regulations.
We propose to approve the Point No Point Treaty Council Tribe's
special migratory bird seasons upon receipt of the Tribe's proposal.

(r) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie,
Michigan (Tribal Members Only)

The Sault Ste. Marie Tribe of Chippewa Indians is a federally
recognized self-governing Indian Tribe, distributed throughout the
eastern Upper Peninsula and northern Lower Peninsula of Michigan. The
Tribe has retained the right to hunt, fish, trap, and gather on the
lands ceded in the Treaty of Washington (1836).
In a May 31, 2012, letter, the Tribe proposed special migratory
bird hunting regulations. For ducks, mergansers, and common snipe, the
Tribe proposes outside dates as September 15 through December 31, 2012.
The Tribe proposes a daily bag limit of 20 ducks, which could include
no more than 10 mallards (5 hen mallards), 5 wood duck, 5 black duck,
and 5 canvasback. The merganser daily bag limit is 10 in the aggregate
and 16 for common snipe.
For geese, coot, gallinule, sora, and Virginia rail, the Tribe
requests a season from September 1 to December 31, 2012. The daily bag
limit for geese is 20, in the aggregate. The daily bag limit for coot,
gallinule, sora, and Virginia rail is 20 in the aggregate.
For woodcock, the Tribe proposes a season between September 2 and
December 1, 2012, with a daily bag and possession limit of 10 and 20,
respectively.
For mourning dove, the Tribe proposes a season between September 1
and November 14, 2012, with a daily bag and possession limit of 10 and
20, respectively.
All Sault Ste. Marie Tribe members exercising hunting treaty rights
within the 1836 Ceded Territory are required to submit annual harvest
reports including date of harvest, number and species harvested, and
location of harvest. Hunting hours would be from one-half hour before
sunrise to one-half hour after sunset. All other regulations in 50 CFR
part 20 apply including the use of only nontoxic shot for hunting
waterfowl.
The Service proposes to approve the request for special migratory
bird hunting regulations for the Sault Ste. Marie Tribe of Chippewa
Indians.

(s) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall,
Idaho (Nontribal Hunters)

Almost all of the Fort Hall Indian Reservation is tribally owned.
The Tribes claim full wildlife management authority throughout the
reservation, but the Idaho Fish and Game Department has disputed tribal
jurisdiction, especially for hunting by nontribal members on
reservation lands owned by non-Indians. As a compromise, since 1985, we
have established the same waterfowl hunting regulations on the
reservation and in a surrounding off-reservation State zone. The
regulations were requested by the Tribes and provided for different
season dates than in the remainder of the State. We agreed to the
season dates because they would provide additional protection to
mallards and pintails. The State of Idaho concurred with the zoning
arrangement. We have no objection to the State's use of this zone again
in the 2012-13 hunting season, provided the duck and goose hunting

[[Page 49692]]

season dates are the same as on the reservation.
In a proposal for the 2012-13 hunting season, the Shoshone-Bannock
Tribes requested a continuous duck (including mergansers) season, with
the maximum number of days and the same daily bag and possession limits
permitted for Pacific Flyway States under the final Federal frameworks.
The Tribes propose a duck and coot season with, if the same number of
hunting days is permitted as last year, an opening date of October 6,
2012, and a closing date of January 19, 2013. The Tribes anticipate
harvest will be between 2,000 and 5,000 ducks.
The Tribes also requested a continuous goose season with the
maximum number of days and the same daily bag and possession limits
permitted in Idaho under Federal frameworks. The Tribes propose that,
if the same number of hunting days is permitted as in previous years,
the season would have an opening date of October 6, 2012, and a closing
date of January 19, 2013. The Tribes anticipate harvest will be between
4,000 and 6,000 geese.
The Tribe requests a common snipe season with the maximum number of
days and the same daily bag and possession limits permitted in Idaho
under Federal frameworks. The Tribes propose that, if the same number
of hunting days is permitted as in previous years, the season would
have an opening date of October 6, 2012, and a closing date of January
19, 2013.
Nontribal hunters must comply with all basic Federal migratory bird
hunting regulations in 50 CFR part 20 pertaining to shooting hours, use
of steel shot, and manner of taking. Special regulations established by
the Shoshone-Bannock Tribes also apply on the reservation.
We note that the requested regulations are nearly identical to
those of last year, and we propose to approve them for the 2012-13
hunting season given that the seasons' dates fall within the final
Federal flyway frameworks (applies to nontribal hunters only).

(t) Skokomish Tribe, Shelton, Washington (Tribal Members Only)

Since 1996, the Service and the Point No Point Treaty Tribes, of
which the Skokomish Tribe was one, have cooperated to establish special
regulations for migratory bird hunting. The Tribes have been acting
independently since 2005, and the Skokomish Tribe would like to
establish migratory bird hunting regulations for tribal members for the
2012-13 season. The Tribe has a reservation on the Olympic Peninsula in
Washington State and is a successor to the signatories of the Treaty of
Point No Point of 1855.
The Skokomish Tribe requests a duck and coot season from September
16, 2012, to February 28, 2013. The daily bag limit is seven ducks,
including no more than two hen mallards, one pintail, one canvasback,
and two redheads. The daily bag and possession limit on harlequin duck
is one per season. The coot daily bag limit is 25. The possession limit
is twice the daily bag limit except as noted above.
For geese, the Tribe requests a season from September 16, 2012, to
February 28, 2013. The daily bag limit is four, including no more than
three light geese. The season on Aleutian Canada geese is closed. For
brant, the Tribe proposes a season from November 1, 2012, to February
15, 2013, with a daily bag limit of two. The possession limit is twice
the daily bag limit.
For mourning doves, band-tailed pigeon, and snipe, the Tribe
requests a season from September 16, 2012, to February 28, 2013, with a
daily bag limit of 10, 2, and 8, respectively. The possession limit is
twice the daily bag limit.
All Tribal hunters authorized to hunt migratory birds are required
to obtain a tribal hunting permit from the Skokomish Tribe pursuant to
tribal law. Hunting hours would be from one-half hour before sunrise to
sunset. Only steel, tungsten-iron, tungsten-polymer, tungsten-matrix,
and tin shot are allowed for hunting waterfowl. It is unlawful to use
or possess lead shot while hunting waterfowl.
The Tribe anticipates harvest to be fewer than 150 birds. The
Skokomish Public Safety Office enforcement officers have the authority
to enforce these migratory bird hunting regulations.
We propose to approve the Skokomish Tribe's requested migratory
bird hunting season.

(u) Spokane Tribe of Indians, Spokane Indian Reservation, Wellpinit,
Washington (Tribal Members Only)

The Spokane Tribe of Indians wishes to establish waterfowl seasons
on their reservation for its membership to access as an additional
resource. An established waterfowl season on the reservation will allow
access to a resource for members to continue practicing a subsistence
lifestyle.
The Spokane Indian Reservation is located in northeastern
Washington State. The reservation comprises approximately 157,000
acres. The boundaries of the Reservation are the Columbia River to the
west, the Spokane River to the south (now Lake Roosevelt), Tshimikn
Creek to the east, and the 48th Parallel as the north boundary. Tribal
membership comprises approximately 2,300 enrolled Spokane Tribal
Members.
These proposed regulations would allow Tribal Members, spouses of
Spokane Tribal Members, and first-generation descendants of a Spokane
Tribal Member with a tribal permit and Federal Waterfowl stamp an
opportunity to utilize the reservation and ceded lands for waterfowl
hunting. It will also benefit tribal membership through access to this
resource throughout Spokane Tribal ceded lands in eastern Washington.
By Spokane Tribal Referendum, spouses of Spokane Tribal Members and
children of Spokane Tribal Members not enrolled are allowed to harvest
game animals within the Spokane Indian Reservation with the issuance of
hunting permits.
For the 2012-13 season, the Tribe requests to establish duck
seasons that would run from September 2, 2012, through January 31,
2013. The tribe is requesting the daily bag limit for ducks to be
consistent with final Federal frameworks. The possession limit is twice
the daily bag limit.
The Tribe proposes a season on geese starting September 2, 2012,
and ending on January 31, 2013. The tribe is requesting the daily bag
limit for geese to be consistent with final Federal frameworks. The
possession limit is twice the daily bag limit.
Based on the quantity of requests the Spokane Tribe of Indians has
received, the tribe anticipates harvest levels for the 2012-13 season
for both ducks and geese to be below 100 total birds with goose harvest
at fewer than 50. Hunter success will be monitored through mandatory
harvest reports returned within 30 days of the season closure.
We propose to approve the Spokane Tribe's requested 2012-13 special
migratory bird hunting regulations.

(v) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,
Washington (Tribal Members Only)

The Squaxin Island Tribe of Washington and the Service have
cooperated since 1995 to establish special tribal migratory bird
hunting regulations. These special regulations apply to tribal members
on the Squaxin Island Reservation, located in western Washington near
Olympia, and all lands within the traditional hunting grounds of the
Squaxin Island Tribe.
Based on past experience, for the 2012-13 season, we expect the
Tribe will request to establish duck and coot seasons that would run
from September 1, 2012, through January 15, 2013. The daily bag limit
for ducks would be five

[[Page 49693]]

per day and could include only one canvasback. The season on harlequin
ducks is closed. For coots, the daily bag limit is 25. For snipe, the
Tribe will likely propose that the season start on September 15, 2012,
and end on January 15, 2013. The daily bag limit for snipe would be
eight. For band-tailed pigeon, we expect the Tribe to propose that the
season start on September 1, 2012, and end on December 31, 2012. The
daily bag limit would be five. The possession limit would be twice the
daily bag limit.
We expect the Tribe to propose a season on geese starting September
15, 2012, and ending on January 15, 2013. The daily bag limit for geese
would be four, including no more than two snow geese. The season on
Aleutian and cackling Canada geese would be closed. For brant, the
Tribe will likely propose that the season start on September 1, 2012,
and end on December 31, 2012. The daily bag limit for brant would be
two. The possession limit would be twice the daily bag limit.
We propose to approve the Tribe's requested 2012-13 special
migratory bird hunting regulations upon receipt of the Tribe's
proposal.

(w) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal
Members Only)

The Stillaguamish Tribe of Indians and the Service have cooperated
to establish special regulations for migratory game birds since 2001.
For the 2012-13 season, the Tribe requests regulations to hunt all open
and unclaimed lands under the Treaty of Point Elliott of January 22,
1855, including their main hunting grounds around Camano Island, Skagit
Flats, and Port Susan to the border of the Tulalip Tribes Reservation.
Ceded lands are located in Whatcom, Skagit, Snohomish, and Kings
Counties, and a portion of Pierce County, Washington. The Stillaguamish
Tribe of Indians is a federally recognized Tribe and reserves the
Treaty Right to hunt (U.S. v. Washington).
The Tribe proposes that duck (including mergansers) and goose
seasons run from October 1, 2012, to February 15, 2013. The daily bag
limit on ducks (including sea ducks and mergansers) is 10 and must
include no more than 7 mallards (only 3 of which can be hens), 3
pintails, 3 redheads, 3 scaup, and 3 canvasbacks. For geese, the daily
bag limit is six. Possession limits are totals of these two daily bag
limits.
The Tribe proposes that coot, brant, and snipe seasons run from
October 1, 2012, to January 31, 2013. The daily bag limit for coot is
25. The daily bag limit on brant is three. The daily bag limit for
snipe is 10. Possession limits are twice the daily bag limit.
The Tribe proposes that band-tailed pigeon and dove seasons run
from September 1, 2012, to October 31, 2012. The daily bag limit for
band-tailed pigeon is four. The daily bag limit on dove is 10.
Possession limits are twice the daily bag limit.
Harvest is regulated by a punch card system. Tribal members hunting
on lands under this proposal will observe all basic Federal migratory
bird hunting regulations found in 50 CFR part 20, which will be
enforced by the Stillaguamish Tribal law enforcement. Tribal members
are required to use steel shot or a nontoxic shot as required by
Federal regulations.
The Tribe anticipates a total harvest of 200 ducks, 100 geese, 50
mergansers, 100 coots, and 100 snipe. Anticipated harvest needs include
subsistence and ceremonial needs. Certain species may be closed to
hunting for conservation purposes, and consideration for the needs of
certain species will be addressed.
The Service proposes to approve the 2012-13 Stillaguamish Tribe's
request for special migratory bird hunting regulations for the
Stillaguamish Tribe of Indians.

(x) Swinomish Indian Tribal Community, LaConner, Washington (Tribal
Members Only)

In 1996, the Service and the Swinomish Indian Tribal Community
began cooperating to establish special regulations for migratory bird
hunting. The Swinomish Indian Tribal Community is a federally
recognized Indian Tribe consisting of the Swinomish, Lower Skagit,
Samish, and Kikialous. The Swinomish Reservation was established by the
Treaty of Point Elliott of January 22, 1855, and lies in the Puget
Sound area north of Seattle, Washington.
For the 2012-13 season, we anticipate that the Tribal Community
will request to establish a migratory bird hunting season on all areas
that are open and unclaimed and consistent with the meaning of the
treaty. The Tribal Community usually requests to establish duck,
merganser, Canada goose, brant, and coot seasons opening on the
earliest possible date allowed by the final Federal frameworks for the
Pacific Flyway and closing 30 days after the State of Washington closes
its season. The Swinomish Indian Tribal Community requests an
additional three birds of each species over the numbers allowed by the
State for daily bag and possession limits.
The Community normally anticipates that the regulations will result
in the harvest of approximately 300 ducks, 50 Canada geese, 75
mergansers, 100 brant, and 50 coot. The Swinomish utilize a report card
and permit system to monitor harvest and will implement steps to limit
harvest where conservation is needed. All tribal regulations will be
enforced by tribal fish and game officers.
On reservation, the Tribal Community will likely propose a hunting
season for the above-mentioned species beginning on the earliest
possible opening date and closing March 9, 2013. The Swinomish manage
harvest by a report card and permit system, and we anticipate harvest
will be similar to that expected off reservation.
We believe the estimated harvest by the Swinomish will be minimal
and will not adversely affect migratory bird populations. Upon receipt
of the 2012-13 Swinomish hunting proposal, we propose to approve the
Tribe's requested 2012-13 special migratory bird hunting regulations.

(y) The Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members and Nontribal Hunters)

The Tulalip Tribes are the successors in interest to the Tribes and
bands signatory to the Treaty of Point Elliott of January 22, 1855. The
Tulalip Tribes' government is located on the Tulalip Indian Reservation
just north of the City of Everett in Snohomish County, Washington. The
Tribes or individual tribal members own all of the land on the
reservation, and they have full wildlife management authority. All
lands within the boundaries of the Tulalip Tribes Reservation are
closed to nonmember hunting unless opened by Tulalip Tribal
regulations.
The Tribe proposes tribal and nontribal hunting regulations for the
2012-13 season. Migratory waterfowl hunting by Tulalip Tribal members
is authorized by Tulalip Tribal Ordinance No. 67. For ducks,
mergansers, coot, and snipe, the proposed season for tribal members is
from September 7, 2012, through February 28, 2013. In the case of
nontribal hunters hunting on the reservation, the season would be the
latest closing date and the longest period of time allowed under the
final Pacific Flyway Federal frameworks. Daily bag and possession
limits for Tulalip Tribal members would be 7 and 14 ducks,
respectively, except that for blue-winged teal, canvasback, harlequin,
pintail, and wood duck, the bag and possession limits would be the same
as those established in accordance

[[Page 49694]]

with final Federal frameworks. For nontribal hunters, bag and
possession limits would be the same as those permitted under final
Federal frameworks. For coot, daily bag and possession limits are 25
and 50, respectively, and for snipe 8 and 16, respectively. Nontribal
hunters should check with the Tulalip tribal authorities regarding
additional conservation measures that may apply to specific species
managed within the region. Ceremonial hunting may be authorized by the
Department of Natural Resources at any time upon application of a
qualified tribal member. Such a hunt must have a bag limit designed to
limit harvest only to those birds necessary to provide for the
ceremony.
For geese, tribal members propose a season from September 7, 2012,
through February 28, 2013. Nontribal hunters would be allowed the
longest season and the latest closing date permitted by the Pacific
Flyway Federal frameworks. For tribal hunters, the goose daily bag and
possession limits would be 7 and 14, respectively, except that the bag
limits for brant, cackling Canada geese, and dusky Canada geese would
be those established in accordance with final Federal frameworks. For
nontribal hunters hunting on reservation lands, the daily bag and
possession limits would be those established in accordance with final
Federal frameworks for the Pacific Flyway. The Tulalip Tribes also set
a maximum annual bag limit for those tribal members who engage in
subsistence hunting of 365 ducks and 365 geese.
All hunters on Tulalip Tribal lands are required to adhere to
shooting hour regulations set at one-half hour before sunrise to
sunset, special tribal permit requirements, and a number of other
tribal regulations enforced by the Tribe. Each nontribal hunter 16
years of age and older hunting pursuant to Tulalip Tribes' Ordinance
No. 67 must possess a valid Federal Migratory Bird Hunting and
Conservation Stamp and a valid State of Washington Migratory Waterfowl
Stamp. Each hunter must validate stamps by signing across the face.
Although the season length requested by the Tulalip Tribes appears
to be quite liberal, harvest information indicates a total take by
tribal and nontribal hunters of fewer than 1,000 ducks and 500 geese
annually.
We propose to approve the Tulalip Tribe's request to have a special
season.

(z) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
members only)

The Upper Skagit Indian Tribe and the Service have cooperated to
establish special regulations for migratory game birds since 2001. The
Tribe has jurisdiction over lands within Skagit, Island, and Whatcom
Counties, Washington. The Tribe issues tribal hunters a harvest report
card that will be shared with the State of Washington.
For the 2012-13 season, the Tribe requests a duck season starting
October 1, 2012, and ending February 28, 2013. The Tribe proposes a
daily bag limit of 15 with a possession limit of 20. The Tribe requests
a coot season starting October 1, 2012, and ending February 15, 2013.
The coot daily bag limit is 20 with a possession limit of 30.
The Tribe proposes a goose season from October 1, 2012, to February
28, 2013, with a daily bag limit of 7 geese and a possession limit of
10. For brant, the Tribe proposes a season from November 1 to November
10, 2012, with a daily bag and possession limit of 2.
The Tribe proposes a mourning dove season between September 1 and
December 31, 2012, with a daily bag limit of 12 and possession limit of
15.
The anticipated migratory bird harvest under this proposal would be
100 ducks, 5 geese, 2 brant, and 10 coots. Tribal members must have the
tribal identification and tribal harvest report card on their person to
hunt. Tribal members hunting on the Reservation will observe all basic
Federal migratory bird hunting regulations found in 50 CFR part 20,
except shooting hours would be 15 minutes before official sunrise to 15
minutes after official sunset.
The Service proposes to approve the request for special migratory
bird hunting regulations for the Upper Skagit Indian Tribe.

(aa) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only)

The Wampanoag Tribe of Gay Head is a federally recognized Tribe
located on the island of Martha's Vineyard in Massachusetts. The Tribe
has approximately 560 acres of land, which it manages for wildlife
through its natural resources department. The Tribe also enforces its
own wildlife laws and regulations through the natural resources
department.
For the 2012-13 season, the Tribe proposes a duck season of October
13, 2012, through October 21, 2012, and October 29, 2012, through
February 23, 2013. The Tribe proposes a daily bag limit of six birds,
which could include no more than four hen mallards, four mottled ducks,
one fulvous whistling duck, four mergansers, three scaup, two hooded
mergansers, three wood ducks, one canvasback, two redheads, two
pintail, and four of all other species not listed. The season for
harlequin ducks is closed. The Tribe proposes a teal (green-winged and
blue) season of October 11, 2012, through February 23, 2013. A daily
bag limit of six teal would be in addition to the daily bag limit for
ducks.
For sea ducks, the Tribe proposes a season between October 6, 2012,
and February 23, 2013, with a daily bag limit of seven, which could
include no more than one hen eider and four of any one species unless
otherwise noted above.
For Canada geese, the Tribe requests a season between September 5
and September 22, 2012, and October 29, 2012, and February 23, 2013,
with a daily bag limit of 8 Canada geese. For snow geese, the tribe
requests a season between September 5 to September 22, 2012, and
November 26, 2012, to February 23, 2013, with a daily bag limit of 15
snow geese.
For woodcock, the Tribe proposes a season between October 11 and
November 24, 2012, with a daily bag limit of three. For sora and
Virginia rails, the Tribe requests a season of September 1, 2012,
through November 10, 2012, with a daily bag limit of 5 sora and 10
Virginia rails. For snipe, the Tribe requests a season of September 1,
2012, through December 16, 2012, with a daily bag limit of 8.
Prior to 2012, the Tribe had 22 registered tribal hunters and
estimates harvest to be no more than 15 geese, 25 mallards, 25 teal, 50
black ducks, and 50 of all other species combined. Tribal members
hunting on the Reservation will observe all basic Federal migratory
bird hunting regulations found in 50 CFR part 20. The Tribe requires
hunters to register with the Harvest Information Program.
We propose to approve the Wampanoag Tribe of Gay Head's requested
2012-13 special migratory bird hunting regulations.

(bb) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal Members
Only)

The White Earth Band of Ojibwe is a federally recognized tribe
located in northwest Minnesota and encompasses all of Mahnomen County
and parts of Becker and Clearwater Counties. The reservation employs
conservation officers to enforce migratory bird regulations. The Tribe
and the Service first cooperated to establish special tribal
regulations in 1999.

[[Page 49695]]

For the 2012-13 migratory bird hunting season, the White Earth Band
of Ojibwe requests a duck season to start September 17 and end December
11, 2012. For ducks, they request a daily bag limit of 10, including no
more than 2 mallards, 1 pintail, and 1 canvasback. For mergansers, the
Tribe proposes the season to start September 17 and end December 18,
2012. The merganser daily bag limit would be five with no more than two
hooded mergansers. For geese, the Tribe proposes an early season from
September 1 through September 25, 2012, and a late season from
September 26, 2012, through December 19, 2012. The early season daily
bag limit is eight geese, and the late season daily bag limit is five
geese.
For coots, dove, rail, woodcock, and snipe, the Tribe proposes a
September 1 through November 30, 2012, season with daily bag limits of
20 coots, 25 doves, 25 rails, 10 woodcock, and 10 snipe. Shooting hours
are one-half hour before sunrise to one-half hour after sunset.
Nontoxic shot is required.
Based on past harvest surveys, the Tribe anticipates harvest of
1,000 to 2,000 Canada geese and 1,000 to 1,500 ducks. The White Earth
Reservation Tribal Council employs four full-time conservation officers
to enforce migratory bird regulations.
We propose to approve the White Earth Band of Ojibwe's request to
have a special season.

(cc) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)

The White Mountain Apache Tribe owns all reservation lands, and the
Tribe has recognized full wildlife management authority. As in past
years, the White Mountain Apache Tribe has requested regulations that
are essentially unchanged from those agreed to since the 1997-98
hunting year.
The hunting zone for waterfowl is restricted and is described as:
the length of the Black River west of the Bonito Creek and Black River
confluence and the entire length of the Salt River forming the southern
boundary of the reservation; the White River, extending from the Canyon
Day Stockman Station to the Salt River; and all stock ponds located
within Wildlife Management Units 4, 5, 6, and 7. Tanks located below
the Mogollon Rim, within Wildlife Management Units 2 and 3, will be
open to waterfowl hunting during the 2012-12 season. The length of the
Black River east of the Black River/Bonito Creek confluence is closed
to waterfowl hunting. All other waters of the reservation would be
closed to waterfowl hunting for the 2012-13 season.
For nontribal and tribal hunters, the Tribe proposes a continuous
duck, coot, merganser, gallinule, and moorhen hunting season, with an
opening date of October 12, 2012, and a closing date of January 28,
2013. The Tribe proposes a separate scaup season, with an opening date
of October 20, 2012, and a closing date of December 2, 2012. The Tribe
proposes a daily duck (including mergansers) bag limit of seven, which
may include no more than two redheads, two pintail, seven mallards
(including no more than two hen mallards), one canvasback, and three
scaup. The daily bag limit for coots, gallinules, and moorhens would be
25, singly or in the aggregate.
For geese, the Tribe proposes a season from October 20, 2012,
through January 28, 2013. Hunting would be limited to Canada geese, and
the daily bag limit would be three.
Season dates for band-tailed pigeons and mourning doves would run
for the maximum season lengths in the Pacific Flyway, in Wildlife
Management Unit 10 and all areas south of Y-70 and Y-10 in Wildlife
Management Unit 7, only. Proposed daily bag limits for band-tailed
pigeons and mourning doves would be 3 and 10, respectively.
Possession limits for the above species are twice the daily bag
limits. Shooting hours would be from one-half hour before sunrise to
sunset. There would be no open season for sandhill cranes, rails, and
snipe on the White Mountain Apache lands under this proposal.
A number of special regulations apply to tribal and nontribal
hunters, which may be obtained from the White Mountain Apache Tribe
Game and Fish Department.
We plan to approve the White Mountain Apache Tribe's 2012-13
hunting seasons.

(dd) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and
Nontribal Hunters)

The Yankton Sioux Tribe has yet to submit a waterfowl hunting
proposal for the 2012-13 season. The Yankton Sioux tribal waterfowl
hunting season usually would be open to both tribal members and
nontribal hunters. The waterfowl hunting regulations would apply to
tribal and trust lands within the external boundaries of the
reservation.
For ducks (including mergansers) and coots, we expect the Yankton
Sioux Tribe to propose a season starting October 9, 2012, and running
for the maximum amount of days allowed under the final Federal
frameworks. Daily bag and possession limits would be six ducks, which
may include no more than five mallards (no more than two hens), one
canvasback (when the season is open), two redheads, three scaup, one
pintail, or two wood ducks. The bag limit for mergansers would be five,
which would include no more than one hooded merganser. The coot daily
bag limit would be 15.
For geese, the Tribe will likely request a dark goose (Canada
geese, brant, white-fronted geese) season starting October 29, 2012,
and closing January 31, 2013. The daily bag limit would be three geese
(including no more than one white-fronted goose or brant). Possession
limits would be twice the daily bag limit.
For white geese, the proposed hunting season would start October
29, 2012, and run for the maximum amount of days allowed under the
final Federal frameworks for the State of South Dakota. Daily bag and
possession limits would equal the maximum allowed under Federal
frameworks.
All hunters would have to be in possession of a valid tribal
license while hunting on Yankton Sioux trust lands. Tribal and
nontribal hunters must comply with all basic Federal migratory bird
hunting regulations in 50 CFR part 20 pertaining to shooting hours and
the manner of taking. Special regulations established by the Yankton
Sioux Tribe also apply on the reservation.
During the 2005-06 hunting season, the Tribe reported that 90
nontribal hunters took 400 Canada geese, 75 light geese, and 90 ducks.
Forty-five tribal members harvested fewer than 50 geese and 50 ducks.
We plan to approve the Yankton Sioux 2012-13 hunting seasons upon
receipt of their proposal based on the provisions described above.

Public Comments

The Department of the Interior's policy is, whenever possible, to
afford the public an opportunity to participate in the rulemaking
process. Accordingly, we invite interested persons to submit written
comments, suggestions, or recommendations regarding the proposed
regulations. Before promulgating final migratory game bird hunting
regulations, we will consider all comments we receive. These comments,
and any additional information we receive, may lead to final
regulations that differ from these proposals.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We will not
accept comments sent by email or fax. We will not consider hand-
delivered comments

[[Page 49696]]

that we do not receive, or mailed comments that are not postmarked, by
the date specified in the DATES section.
We will post all comments in their entirety--including your
personal identifying information--on http://www.regulations.gov. Before
including your address, phone number, email address, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may be
made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Division of Migratory Bird Management, Room 4107,
4501 North Fairfax Drive, Arlington, VA 22203.
For each series of proposed rulemakings, we will establish specific
comment periods. We will consider, but possibly may not respond in
detail to, each comment. As in the past, we will summarize all comments
we receive during the comment period and respond to them after the
closing date in the preambles of any final rules.

Required Determinations

Based on our most current data, we are affirming our required
determinations made in the proposed rule; for descriptions of our
actions to ensure compliance with the following statutes and Executive
Orders, see our April 17, and May 17, 2012, proposed rules (77 FR 23094
and 77 FR 29516):
National Environmental Policy Act;
Endangered Species Act;
Regulatory Flexibility Act;
Small Business Regulatory Enforcement Fairness Act;
Paperwork Reduction Act;
Unfunded Mandates Reform Act;
Executive Orders 12630, 12866, 13563, 12988, 13175, 13132,
and 13211.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.

Based on the results of migratory game bird studies, and having due
consideration for any data or views submitted by interested parties,
this proposed rulemaking may result in the adoption of special hunting
regulations for migratory birds beginning as early as September 1,
2012, on certain Federal Indian reservations, off-reservation trust
lands, and ceded lands. Taking into account both reserved hunting
rights and the degree to which tribes have full wildlife management
authority, the regulations only for tribal members or for both tribal
and nontribal hunters may differ from those established by States in
which the reservations, off-reservation trust lands, and ceded lands
are located. The regulations will specify open seasons, shooting hours,
and bag and possession limits for rails, coot, gallinules, woodcock,
common snipe, band-tailed pigeons, mourning doves, white-winged doves,
ducks, mergansers, and geese.
The rules that eventually will be promulgated for the 2012-13
hunting season are authorized under the Migratory Bird Treaty Act
(MBTA) of July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), as
amended. The MBTA authorizes and directs the Secretary of the Interior,
having due regard for the zones of temperature and for the
distribution, abundance, economic value, breeding habits, and times and
lines of flight of migratory game birds, to determine when, to what
extent, and by what means such birds or any part, nest, or egg thereof
may be taken, hunted, captured, killed, possessed, sold, purchased,
shipped, carried, exported, or transported.

Dated: August 9, 2012.
Michael J. Bean,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-20072 Filed 8-15-12; 8:45 am]
BILLING CODE 4310-55-P