[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Rules and Regulations]
[Pages 5037-5051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02203]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2016-0051; FF09M21200-178-FXMB1231099BPP0]
RIN 1018-BB40
Migratory Bird Hunting; Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2017-18
Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule prescribes special migratory bird hunting
regulations for certain Tribes on Federal Indian reservations, off-
reservation trust lands, and ceded lands. This rule responds to tribal
requests for U.S. Fish and Wildlife Service (hereinafter Service or we)
recognition of their authority to regulate hunting under established
guidelines. This rule allows the establishment of season bag limits
and, thus, harvest at levels compatible with populations and habitat
conditions.
DATES: This rule takes effect on February 5, 2018.
ADDRESSES: You may inspect comments received on the special hunting
regulations and Tribal proposals during normal business hours at U.S.
Fish and Wildlife Headquarters, 5275 Leesburg
[[Page 5038]]
Pike, Falls Church, VA 22041-3803, or at http://www.regulations.gov at
Docket No. FWS-HQ-MB-2016-0051.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS: MB, 5275 Leesburg Pike, Falls
Church, VA 22041-3803; (703) 358-1967.
SUPPLEMENTARY INFORMATION:
Background
The Migratory Bird Treaty Act (MBTA) of July 3, 1918 (16 U.S.C. 703
et seq.), authorizes and directs the Secretary of the Department of the
Interior, having due regard for the zones of temperature and for the
distribution, abundance, economic value, breeding habits, and times and
lines of flight of migratory game birds, to determine when, to what
extent, and by what means such birds or any part, nest, or egg thereof
may be taken, hunted, captured, killed, possessed, sold, purchased,
shipped, carried, exported, or transported.
In the August 22, 2017, Federal Register (82 FR 39716), we proposed
special migratory bird hunting regulations for the 2017-18 hunting
season for certain Indian tribes, under the guidelines described in the
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to
tribal requests for Service recognition of their reserved hunting
rights, and for some tribes, recognition of their authority to regulate
hunting by both tribal members and nonmembers on their reservations.
The guidelines include possibilities for:
(1) On-reservation hunting by both tribal members and nonmembers,
with hunting by nontribal members on some reservations to take place
within Federal frameworks but on dates different from those selected by
the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of usual
Federal frameworks for season dates and length, and for daily bag and
possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits. In all cases, the
regulations established under the guidelines must be consistent with
the March 10-September 1 closed season mandated by the 1916 Migratory
Bird Treaty with Canada.
In the June 10, 2016, Federal Register (81 FR 38050), we requested
that tribes desiring special hunting regulations in the 2017-18 hunting
season submit a proposal including details on:
(1) Harvest anticipated under the requested regulations;
(2) Methods that would be employed to measure or monitor harvest
(such as bag checks, mail questionnaires, etc.);
(3) Steps that would be taken to limit level of harvest, where it
could be shown that failure to limit such harvest would adversely
impact the migratory bird resource; and
(4) Tribal capabilities to establish and enforce migratory bird
hunting regulations.
No action is required if a tribe wishes to observe the hunting
regulations established by the State(s) in which an Indian reservation
is located. We have successfully used the guidelines since the 1985-86
hunting season. We finalized the guidelines beginning with the 1988-89
hunting season (August 18, 1988, Federal Register [53 FR 31612]).
The final rule described here is the final in the series of
proposed and final rulemaking documents for Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for
the 2017-18 Season. Because some tribal seasons began on September 1,
before the close of the comment period and finalization of the August
22, 2017, proposed rule (82 FR 39716), we published an interim final
rule on August 31, 2017 (82 FR 41344) to allow these tribes to conduct
their hunting seasons. In compliance with the MBTA, this rule opened
the seasons on the dates set forth in the rule portion of this
document, thereby allowing individuals to legally partake in hunting on
these lands. Without publication of the interim final rule, hunting of
migratory birds on certain Tribal ceded lands as requested by the
Tribes would have been prohibited until we concluded with this
rulemaking process initiated by the August 22, 2017, proposed rule (82
FR 39716). This new final rule replaces the August 31, 2017, interim
final rule.
This rule sets hunting seasons, hours, areas, and limits for
migratory game bird species on reservations and ceded territories. This
final rule is the culmination of the rulemaking process for the Tribal
migratory game bird hunting seasons, which started with the August 22,
2017, proposed rule. This final rule sets the Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for
the 2017-18 Season.
Population Status and Harvest
Each year we publish various species status reports that provide
detailed information on the status and harvest of migratory game birds,
including information on the methodologies and results. These reports
are available at the address indicated under FOR FURTHER INFORMATION
CONTACT or from our website at https://www.fws.gov/birds/surveys-and-data/reports-and-publications/population-status.php.
We used the following reports: Adaptive Harvest Management, 2017
Hunting Season (August 2016); American Woodcock Population Status, 2016
(August 2016); Band-tailed Pigeon Population Status, 2016 (September
2016); Migratory Bird Hunting Activity and Harvest During the 2014-15
and 2015-16 Hunting Seasons (October 2016); Mourning Dove Population
Status, 2016 (August 2016); Status and Harvests of Sandhill Cranes,
Mid-continent, Rocky Mountain, Lower Colorado River Valley and Eastern
Populations, 2016 (September 2016); and Waterfowl Population Status,
2016 (August 2016).
Comments and Issues Concerning Tribal Proposals
For the 2017-18 migratory bird hunting season, we proposed
regulations for 24 Tribes or Indian groups that followed the 1985
guidelines and were considered appropriate for final rulemaking. We
noted in the August 22 proposed rule that we were proposing seasons for
six Tribes who have submitted proposals in past years but from whom we
had not yet received proposals this year. We did not receive proposals
from five of those Tribes and, therefore, have not included them in
this final rule.
The comment period for the August 22 proposed rule closed on
September 21, 2017. We received 21 comments on our August 22 proposed
rule, which announced proposed seasons for migratory bird hunting by
American Indian Tribes. Similar comments were combined and significant
comments are addressed below.
Written Comments: We received one comment from the Great Lakes
Indian Fish and Wildlife Commission (GLIFWC) and three other comments
in support of the August 22 proposed rule. GLIFWC expressed support for
the content of the proposed regulations listed for the GLIFWC bands and
further addressed several potentially new elements of the tribes'
migratory bird harvesting rules.
Specifically, GLIFWC appreciated our support for an experimental
application of electronic calls to harvest migratory birds and our
willingness to approve an experimental application of non-mechanical
hand-held nets and snares for the harvest of migratory birds within the
1837 and 1842 Ceded Territories. They pointed out that in order to
evaluate the impact that these methods may have, the Tribes have agreed
to
[[Page 5039]]
require that each hunter engaging in hunting with electronic calls, and
hand-held nets or snares, submit a detailed hunter diary at the
conclusion of the season. GLIFWC have also agreed to limit the number
of permits for electronic calls to 50 hunters, due to concerns
articulated by the Service regarding potential effects. They remain
confident that the proposal strikes an appropriate balance: Allowing
them to hunt migratory birds in an effective and efficient manner,
consistent with their reserved treaty rights, while protecting and
conserving migratory bird populations for present and future
generations. GLIFWC also appreciated our proposal to extend the swan
hunting season in the 1837 and 1842 Ceded Territories and establish a
sandhill crane hunting season in the 1836 Ceded Territory.
Lastly, GLIFWC addressed the timing of the rulemaking process. They
recognized that due to circumstances that may have been out of the
Service's control, the final rules may not be issued until the middle
of the Tribes' migratory bird hunting season. This delay may foreclose
the opportunity for some Tribes to benefit from the proposed rule
changes. For example, if we do establish a tribal season for sandhill
crane harvesting in the 1836 Ceded Territory, it will be unlikely that
hunters will be afforded an opportunity to hunt sandhill cranes in the
2017-18 season, as the migration of sandhill cranes through the 1836
Ceded Territory is likely to have concluded by the time we publish the
final rule. The Tribes hope that, in future years, the Service commits
to publishing its final rule for Tribes prior to the start of the
migratory bird hunting season, noting that the Service consistently
issues regulations for State seasons on time.
Service Response: Comments noted.
Written Comments: The Mississippi Flyway Council (MFC), the Central
Flyway Council (CFC), the Wisconsin Department of Natural Resources
(WDNR), and 13 other respondents expressed opposition to our proposal
to allow GLIFWC the use of electronic calls, night hunting for
waterfowl, and the trapping of migratory birds. Opposition expressed
included continued concerns about the potential negative impacts to
local waterbird populations, the increased potential for take of
nongame species, the incompatibility with Federal and State waterfowl
management, public safety, potential user conflicts, law-enforcement
problems, the fact that electronic calls were not around during the
signing of the Treaties, and the potential to place non-tribal hunters
in violation of migratory game bird hunting regulations. We address
each of those issues in more detail below.
I. Allowing the use of electronic duck and goose calls. The MFC,
CFC, and WDNR remain opposed to the proposal as outlined within their
prior annual comment letters and noted past Service concerns in Federal
Register statements over the last several years. As noted in numerous
federal documents, they point out that electronic calls are very
effective at attracting waterfowl and legal for hunting only in
contexts where there is a management objective to produce a level of
kill that reduces a local or continental population of migratory birds.
Neither of those are objectives in the northern Great Lakes region.
The ceded territory covers one-third of the State of Wisconsin and
significant areas of public hunting areas and public waters of Michigan
and Minnesota. The commenters believe that the use of electronic calls
for waterfowl hunting by tribal hunters could attract waterfowl in a
zone of influence that may put any non-tribal hunters within that zone
in violation of the law because they are prohibited from being aided by
electronic calls in waterfowl hunting. This could effectively close
public waters and lands to non-tribal waterfowl hunting where tribal
hunters are using electronic calls and create zones of exclusivity.
Further, it would not be possible for a tribal hunter to know whether
or not a non-tribal hunter would or could be present on a public water
or property for waterfowl hunting since most waterfowl hunters find
their locations before dawn. In addition to the Federal restrictions on
use of electronic calls, Wisconsin waterfowl hunting regulations also
prohibit hunting with the ``aid'' of electronic calls; thus, a non-
tribal hunter would be in violation if a tribal hunter was hunting the
same general area with electronic calls. Closing these public lands and
waters to hunting when they are supported by Pittman-Robertson and
State wildlife management funds is inconsistent with their purpose.
This situation has the potential to increase conflict among the hunting
public creating a safety concern and a challenging law enforcement
environment.
II. Use of hand-net and snares and night hunting of waterfowl. The
MFC was not opposed to the harvest of migratory waterfowl by use of
hand-nets and/or snares; however, they did oppose that this would
include take of birds at night. The CFC was opposed to the use of hand-
held nets and snares, and the WDNR was opposed to night hunting of
waterfowl. It has been long established that sunset is the appropriate
closing time for hours in which harvest can occur, relative to
migratory birds, to aid in identification and reduce non-target kill as
well as promote public safety. WDNR pointed out that although the
Service approved a 15-minutes-after-sunset shooting hour for tribal
hunters in 2007, and a 30-minutes-after-sunset shooting hour for tribal
hunters in 2012 (when 60 minutes was requested), these extensions were
made with ``trepidation'' by the Service. Thus, MFC and CFC opposed
these requests when initially proposed, remain opposed to these
extensions, and request we return to not allowing any take of migratory
bird hunters after the sunset closure of shooting hours for all
migratory bird hunters, including tribal members.
III. Use of hunter diaries. For both use of electronic calls and
hand-nets and snares, GLIFWC has proposed that hunters be required to
complete and submit a hunt diary in order to receive a hunting permit
the following year. The MFC and WDNR commented that in the past the
Service has observed little evidence that these self-reporting
requirements have been productive (i.e., tribal swan and sandhill crane
seasons). They further point out that in earlier discussions, they had
requested that GLIFWC be required to have staff (wardens, biologists)
conduct field observations on these ``experimental seasons'' just as
States had been required to do for other experimental seasons, such as
early teal seasons. Both restated their desire to require GLIFWC staff
to conduct field observation and monitoring on these ``experimental
seasons'' if they are approved.
Service Response:
I. Allowing electronic calls. In the 1837 and 1842 Treaty Areas,
GLIFWC proposes allowing an experimental application of electronic
calls with up to 50 Tribal hunters allowed to use the devices.
Individuals using electronic calls will be required to obtain a special
Tribal permit, complete a hunt diary for each hunt where the devices
are used, and submit the hunt diary to the Commission within 2 weeks of
the end of the season in order to be eligible to obtain a permit for
the following year. GLIFWC will require hunters to record the date,
time, and location of each hunt; the number of hunters; the number of
each species harvested per hunting event; if other hunters were in the
area, any interactions with other hunters; and other information GLIFWC
deems appropriate. GLIFWC will then summarize the diary results and
submit a report to the Service. Barring unforeseen results, GLIFWC
proposes that this experimental application be
[[Page 5040]]
replicated for 3 years, after which a full evaluation would be
completed.
As we have stated over the last 6 final rules (76 FR 54676,
September 1, 2011; 77 FR 54451, September 5, 2012; 78 FR 53218, August
28, 2013; 79 FR 52226, September 3, 2014; 80 FR 52663, September 1,
2015; 81 FR 62404, September 9, 2016), the issue of allowing electronic
calls and other electronic devices for migratory game bird hunting has
been highly debated and highly controversial over the last 40 years,
similar to other prohibited hunting methods. Electronic calls, i.e.,
the use or aid of recorded or electronic amplified bird calls or
sounds, or recorded or electrically amplified imitations of bird calls
or sounds to lure or attract migratory game birds to hunters, were
federally prohibited in 1957, because of their effectiveness in
attracting and aiding the harvest of ducks and geese and because they
are generally not considered a legitimate component of hunting (see
restriction in 50 CFR 20.21(g)). In 1999, after much debate, the
migratory bird regulations were revised to allow the use of electronic
calls for the take of light geese (lesser snow geese and Ross geese)
during a light-goose-only season when all other waterfowl and crane
hunting seasons, excluding falconry, were closed (64 FR 7507, February
16, 1999; 64 FR 71236, December 20, 1999; 73 FR 65926, November 5,
2008). The regulations were also changed in 2006, to allow the use of
electronic calls for the take of resident Canada geese during Canada-
goose-only September seasons when all other waterfowl and crane
seasons, excluding falconry, were closed (71 FR 45964, August 10,
2006). In both instances, these changes were made in order to
significantly increase the take of these species due to serious
population overabundance, depredation issues, or public health and
safety issues, or a combination of these.
In our previous responses on this issue, we have also discussed
information stemming from the use of electronic calls during the
special light-goose seasons and our conclusions as to its applicability
to most other waterfowl species. Given available evidence on the
effectiveness of electronic calls, we continue to be concerned about
the large biological uncertainty surrounding any widespread use of
electronic calls. Additionally, given the fact that tribal waterfowl
hunting covered by this rule would occur on ceded lands that are not in
the ownership of the Tribes, we remain concerned that the use of
electronic calls to take waterfowl could lead to confusion on the part
of the public, wildlife-management agencies, and law enforcement
officials in implementing the requirements of 50 CFR part 20. Further,
similar to the impacts of baiting, we have some concerns on the
uncertain zone of influence range from the use of electronic calls
which could potentially increase harvest from non-tribal hunters
operating within areas that electronic calls are used during the dates
of the general hunt. However, unlike baiting, once the electronic call
is removed from an area, the attractant or lure is immediately removed
with presumably little to no lingering effects.
Notwithstanding our above concerns, we understand and appreciate
GLIFWC's position on this issue, their desire to increase tribal hunter
opportunity, harvest, and participation, and the importance that GLIFWC
has ascribed to these issues. We further appreciate GLIFWC's latest
proposal on the issue. GLIFWC has proposed a limited use of electronic
calls under an experimental design with up to only 50 Tribal hunters.
Hunters would be required to obtain special permits and complete and
submit a hunt diary for each hunt where electronic calls were used. In
our recent consultations with them, they have willingly discussed our
concerns and all the uncertainties and difficulties surrounding them.
Further, given GLIFWC's extremely limited current and expected
waterfowl harvest (less than 3,000 ducks and 600 geese) and hunter
participation (limited to 50 hunters), our concerns for any potential
biological impacts are significantly lessened. Therefore, we agree with
the tribes that much of the large uncertainty surrounding any
widespread use of electronic calls could be potentially controlled, or
significantly lessened, by this very modest experiment.
In that light, we are approving GLIFWC's limited experimental
approach with the hope of gaining additional information and knowledge
about the use of electronic calls and their effects on waterfowl.
Ideally, this limited approach includes utilizing electronic calls both
for Canada geese (where they may already be used in some instances) and
new efforts for ducks. Important data related to tribal hunter
interest, participation, effects on targeted species, and harvest needs
to be closely tracked and reported, as GLIFWC has agreed. We conclude
that the experimental removal of the electronic call prohibition, with
the proposed limited design, is consistent with helping address and
answer some of our long-standing concerns, and thus we approve GLIFWC's
proposal to allow the experimental use of electronic calls in the 1837
and 1842 Treaty Areas for any open season for a 3-year experimental
period.
II. Use of hand-held nets and snares. GLIFWC proposed that we allow
tribal members to take migratory birds (primarily waterfowl) with the
use of hand-held nets, hand-held snares, and the capturing of birds by
hand in the 1837 and 1842 Treaty Areas. GLIFWC's proposal for the use
of nets and snares and capturing by hand would include the take of
birds at night. Non-attended nets or snares would not be authorized
under this proposal. Tribal members using nets or snares to take
migratory birds, or taking birds by hand, would be required to obtain a
special Tribal permit, complete a hunt diary for each hunt where these
methods are used, and submit the hunt diary to the Commission within 2
weeks of the end of the season in order to be eligible to obtain a
permit to net migratory birds for the following year. GLIFWC-required
information would include the date, time, and location of the hunt;
number of hunters; the number of each species harvested per hunting
event; and other information GLIFWC deems appropriate. Diary results
would then be summarized and documented in a GLIFWC report, which would
be submitted to the Service. Barring unforeseen results, GLIFWC
proposes that this experimental application be replicated for 3 years,
after which a full evaluation would be completed.
Current regulations at 50 CFR part 20 do not allow the use of
traps, nets, or snares to capture migratory game birds (see Sec.
20.21(a)), and we are unaware of any current State regulations allowing
the use of traps for the capture of resident game birds. While the use
of traps or nets for birds is not generally considered a sport-hunting
technique, we recognize that their use may be a customary and
traditional hunting method by tribal members. Further, GLIFWC's netting
and trapping proposal does not allow baiting (which could lead to
concerns related to potential disease transmission) or the herding of
waterfowl into traps when they are largely flightless, such as during
the summer molt. Practices such as these would significantly increase
our concerns. As such, and recognizing the importance GLIFWC has placed
on this issue, we are not opposed to the trapping of migratory birds,
especially given all the GLIFWC-proposed restrictions on their use and
the fact that they will be monitored at all times. Thus, we agree with
the GLIFWC proposal and conclude that the restrictions they have
proposed are appropriate to begin a 3-year experimental evaluation.
[[Page 5041]]
III. Use of hunter diaries. For both use of electronic calls and
hand-nets and snares, GLIFWC has proposed that hunters be required to
complete and submit a hunt diary in order to receive a special hunting
permit the following year. Despite commenters stating that these tribal
self-reporting requirements have not been productive in the past, this
methodology, with GLIFWC's commitment, will provide us with useful
information to help assess the program's effectiveness, user conflicts,
hunter participation, and harvest. Given the relatively small size of
the program and the anticipated participation and harvest, we see
little need for GLIFWC staff to conduct field observations as States or
Flyways (with thousands of hunters and potentially ten of thousands in
anticipated harvest) have done for other experimental seasons. However,
if we see that either the quality of information being yielded is not
sufficient for our purposes or the level of impacts are more than
anticipated and may warrant field observers and/or a more rigorous
study approach, we will work with GLIFWC to address these issues.
Written Comments: Three commenters protested the entire migratory
bird hunting regulations process, the killing of all migratory birds,
and the status and habitat data on which the migratory bird hunting
regulations are based. Two commenters believed certain migratory bird
species such as ducks, geese, swans, sandhill cranes, woodcock, and
mourning doves should not be hunted.
Service Response: Our long-term objectives continue to include
providing opportunities to harvest portions of certain migratory game
bird populations and to limit harvests to levels compatible with each
population's ability to maintain healthy, viable numbers. Further,
there exists a long history of establishing hunting seasons for
migratory game bird species such as waterfowl, cranes, woodcock, doves,
and migratory shore and upland game birds. Tribes, such as those
included in this final rule, have hunted these species before and since
the inception of our establishment of migratory game bird hunting
seasons. These seasons are culturally important to them, and applicable
treaties allow for hunting of these species.
Having taken into account the zones of temperature and the
distribution, abundance, economic value, breeding habits, and times and
lines of flight of migratory game birds, we conclude that the hunting
seasons provided for herein are compatible with the current status of
migratory bird populations and long-term population goals.
Additionally, we are obligated to, and do, give serious consideration
to all information received as public comment. We continue to conclude
that the current Flyway-Council system of migratory bird management is
one of the longest, most successful examples of State-Federal
cooperative management since its establishment in 1952. Likewise, the
establishment of special tribal migratory bird hunting regulations has
been a successful Federal-Tribal partnership since 1988. However, as
always, we continue to seek new ways to improve the process.
Required Determinations
Executive Order 13771--Reducing Regulation and Controlling Regulatory
Costs
This final rule is not subject to the requirements of Executive
Order (E.O.) 13771 (82 FR 9339, February 3, 2017) because this final
rule establishes annual harvest limits related to routine hunting or
fishing.
National Environmental Policy Act (NEPA) Consideration
The programmatic document, ``Second Final Supplemental
Environmental Impact Statement: Issuance of Annual Regulations
Permitting the Sport Hunting of Migratory Birds (EIS 20130139),'' filed
with the Environmental Protection Agency (EPA) on May 24, 2013,
addresses NEPA compliance by the Service for issuance of the annual
framework regulations for hunting of migratory game bird species. We
published a notice of availability in the Federal Register on May 31,
2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR
45376). We also address NEPA compliance for waterfowl hunting
frameworks through the annual preparation of separate environmental
assessments, the most recent being ``Duck Hunting Regulations for 2017-
18,'' with its corresponding April 7, 2017, finding of no significant
impact. The programmatic document as well the separate environmental
assessments are available on our website at https://www.fws.gov/birds/index.php or from the address indicated under the caption FOR FURTHER
INFORMATION CONTACT.
Endangered Species Act Consideration
Section 7 of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.), provides that, ``The Secretary shall review other
programs administered by him and utilize such programs in furtherance
of the purposes of this Act'' (and) shall ``insure that any action
authorized, funded, or carried out . . . is not likely to jeopardize
the continued existence of any endangered species or threatened species
or result in the destruction or adverse modification of [critical]
habitat. . . .'' Consequently, we conducted formal consultations to
ensure that actions resulting from these regulations would not likely
jeopardize the continued existence of endangered or threatened species
or result in the destruction or adverse modification of their critical
habitat. Findings from these consultations are included in a biological
opinion, which concluded that the regulations are not likely to
jeopardize the continued existence of any endangered or threatened
species. Additionally, these findings may have caused modification of
some regulatory measures previously proposed, and the final frameworks
reflect any such modifications. Our biological opinions resulting from
this section 7 consultation are public documents available for public
inspection at the address indicated under ADDRESSES.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
E.O. 12866 provides that the Office of Information and Regulatory
Affairs (OIRA) will review all significant rules. OIRA has reviewed
this rule and has determined that this rule is significant because it
would have an annual effect of $100 million or more on the economy.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
An economic analysis was prepared for the 2013-14 season. This
analysis was based on data from the 2011 National Hunting and Fishing
Survey, the most recent year for which data are available (see
discussion under Regulatory Flexibility Act, below). We used this
analysis again for the 2017-18 season. This analysis estimated consumer
surplus for three alternatives
[[Page 5042]]
for duck hunting (estimates for other species are not quantified due to
lack of data). The alternatives are (1) issue restrictive regulations
allowing fewer days than those issued during the 2012-13 season, (2)
issue moderate regulations allowing more days than those in alternative
1, and (3) issue liberal regulations identical to the regulations in
the 2012-13 season. For the 2013-14 season, we chose Alternative 3,
with an estimated consumer surplus across all flyways of $317.8-$416.8
million. We also chose alternative 3 for the 2009-10, the 2010-11, the
2011-12, the 2012-13, the 2014-15, the 2015-16, the 2016-17, and the
2017-18 seasons. The 2013-14 analysis is part of the record for this
rule and is available at http://www.regulations.gov at Docket No. FWS-
HQ-MB-2016-0051.
Regulatory Flexibility Act
The annual migratory bird hunting regulations have a significant
economic impact on substantial numbers of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the
economic impacts of the annual hunting regulations on small business
entities in detail as part of the 1981 cost-benefit analysis. This
analysis was revised annually from 1990-95. In 1995, the Service issued
a Small Entity Flexibility Analysis (Analysis), which was subsequently
updated in 1996, 1998, 2004, 2008, and 2013. The primary source of
information about hunter expenditures for migratory game bird hunting
is the National Hunting and Fishing Survey, which is conducted at 5-
year intervals. The 2013 Analysis was based on the 2011 National
Hunting and Fishing Survey and the U.S. Department of Commerce's County
Business Patterns, from which it was estimated that migratory bird
hunters would spend approximately $1.5 billion at small businesses in
2013. Copies of the Analysis are available upon request from the
Division of Migratory Bird Management (see FOR FURTHER INFORMATION
CONTACT) or from http://www.regulations.gov at Docket No. FWS-HQ-MB-
2016-0051.
Small Business Regulatory Enforcement Fairness Act
This final rule is a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. For the reasons outlined
above, this rule will have an annual effect on the economy of $100
million or more. However, because this rule establishes hunting
seasons, we do not plan to defer the effective date under the exemption
contained in 5 U.S.C. 808(1).
Paperwork Reduction Act
This rule does not contain any new information collection that
requires approval under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). We may not conduct or sponsor and you are not required
to respond to a collection of information unless it displays a
currently valid OMB control number. OMB has reviewed and approved the
information collection requirements associated with migratory bird
surveys and assigned the following OMB control numbers:
1018-0019--North American Woodcock Singing Ground Survey
(expires 5/31/2018).
1018-0023--Migratory Bird Surveys (expires 8/31/2020).
Includes Migratory Bird Harvest Information Program, Migratory Bird
Hunter Surveys, Sandhill Crane Survey, and Parts Collection Survey.
Unfunded Mandates Reform Act
We have determined and certify, in compliance with the requirements
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State government or private entities. Therefore, this
rule is not a ``significant regulatory action'' under the Unfunded
Mandates Reform Act.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this rule, has determined that this
rule will not unduly burden the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2) of E.O. 12988.
Takings Implication Assessment
In accordance with E.O. 12630, this rule, authorized by the
Migratory Bird Treaty Act, does not have significant takings
implications and does not affect any constitutionally protected
property rights. This rule will not result in the physical occupancy of
property, the physical invasion of property, or the regulatory taking
of any property. In fact, this rule allows hunters to exercise
otherwise unavailable privileges and, therefore, reduces restrictions
on the use of private and public property.
Energy Effects--Executive Order 13211
E.O. 13211 requires agencies to prepare Statements of Energy
Effects when undertaking certain actions. While this rule is a
significant regulatory action under E.O. 12866, it is not expected to
adversely affect energy supplies, distribution, or use. Therefore, this
action is not a significant energy action and no Statement of Energy
Effects is required.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2, we have
evaluated possible effects on federally recognized Indian tribes and
have determined that there are no effects on Indian trust resources. We
have consulted with Tribes affected by this rule.
Federalism Effects
Due to the migratory nature of certain species of birds, the
Federal Government has been given responsibility over these species by
the Migratory Bird Treaty Act. We annually prescribe frameworks from
which the States make selections regarding the hunting of migratory
birds, and we employ guidelines to establish special regulations on
Federal Indian reservations and ceded lands. This process preserves the
ability of the States and tribes to determine which seasons meet their
individual needs. Any State or Indian tribe may be more restrictive
than the Federal frameworks at any time. The frameworks are developed
in a cooperative process with the States and the Flyway Councils. This
process allows States to participate in the development of frameworks
from which they will make selections, thereby having an influence on
their own regulations. These rules do not have a substantial direct
effect on fiscal capacity, change the roles or responsibilities of
Federal or State governments, or intrude on State policy or
administration. Therefore, in accordance with E.O. 13132, these
regulations do not have significant federalism effects and do not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Regulations Promulgation
The rulemaking process for migratory game bird hunting, by its
nature, operates under a time constraint as seasons must be established
each year or hunting seasons remain closed. However, we intend that the
public be provided extensive opportunity for public input and
involvement in compliance with Administrative Procedure Act
requirements. Thus, when the preliminary proposed rulemaking was
published, we established what we concluded were the
[[Page 5043]]
longest periods possible for public comment and the most opportunities
for public involvement. Further, after establishment of the final
frameworks, Tribes need sufficient time to conduct their own public
processes to select season dates and limits; to communicate those
selections to us; and to establish and publicize the necessary
regulations and procedures to implement their decisions. Thus, if there
were a delay in the effective date of these regulations after this
final rulemaking, Tribes might not be able to meet their own
administrative needs and requirements. For the reasons cited above, we
find that ``good cause'' exists, within the terms of 5 U.S.C. 553(d)(3)
of the Administrative Procedure Act, and this final rule will take
effect immediately upon publication.
Accordingly, with each participating Tribe having had an
opportunity to participate in selecting the hunting seasons desired for
its reservation or ceded territory on those species of migratory birds
for which open seasons are now prescribed, and consideration having
been given to all other relevant matters presented, certain sections of
title 50, chapter I, subchapter B, part 20, subpart K, are hereby
amended as set forth below.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Accordingly, part 20, subchapter B, chapter I of title 50 of the
Code of Federal Regulations is amended as follows:
PART 20--MIGRATORY BIRD HUNTING
0
1. Revise the authority citation for part 20 to read as follows:
Authority: 16 U.S.C. 703 et seq., and 16 U.S.C. 742a-j.
(Note: The following hunting regulations provided for by 50 CFR
20.110 will not appear in the Code of Federal Regulations because of
their seasonal nature).
0
2. Section 20.110 is revised to read as follows:
Sec. 20.110 Seasons, limits, and other regulations for certain
Federal Indian reservations, Indian Territory, and ceded lands.
Unless specifically provided for below, all of the regulations
contained in 50 CFR part 20 apply to the seasons listed herein.
(a) [Reserved.]
(b) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Tribal Members and Nontribal Hunters).
Tribal Members Only
Ducks (Including Mergansers)
Season Dates: Open September 1, 2017, through March 9, 2018.
Daily Bag and Possession Limits: The Tribe does not have specific
bag and possession restrictions for Tribal members. The season on
harlequin duck is closed.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Same as ducks.
Nontribal Hunters
Ducks (Including Mergansers)
Season Dates: Open September 30, 2017, through January 7, 2018, and
open January 13 through 17, 2018.
Scaup
Season Dates: Open September 30 through December 24, 2017.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, three scaup (when open), two
canvasback, and two redheads. The possession limit is three times the
daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 and 25, respectively.
Geese
Dark Geese
Season Dates: Open September 30, 2017, through January 7, 2018, and
open January 13 through 17, 2018.
Daily Bag and Possession Limits: 4 and 12, respectively.
Light Geese
Season Dates: Same as for dark geese.
Daily Bag and Possession Limits: 20 and 60, respectively.
General Conditions: Tribal and nontribal hunters must comply with
all basic Federal migratory bird hunting regulations contained in 50
CFR part 20 regarding manner of taking. In addition, shooting hours are
one-half hour before sunrise to one-half hour after sunset, and each
waterfowl hunter 16 years of age or older must carry on his/her person
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face. Special regulations established by
the Confederated Salish and Kootenai Tribes also apply on the
reservation.
(c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only).
Ducks
1854 and 1837 Ceded Territories
Season Dates: Begin September 9 and end November 30, 2017.
Daily Bag Limit: 18 ducks, including no more than 12 mallards (only
3 of which may be hens), 9 black ducks, 9 scaup, 9 wood ducks, 9
redheads, 9 pintails, and 9 canvasbacks.
Reservation
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 12 ducks, including no more than 8 mallards (only
2 of which may be hens), 6 black ducks, 6 scaup, 6 redheads, 6
pintails, 6 wood ducks, and 6 canvasbacks.
Mergansers
1854 and 1837 Ceded Territories
Season Dates: Begin September 9 and end November 30, 2017.
Daily Bag Limit: 15 mergansers, including no more than 6 hooded
mergansers.
Reservation
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 10 mergansers, including no more than 4 hooded
mergansers.
Canada Geese
1854 and 1837 Ceded Territories
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 20 geese.
Reservation
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 20 geese.
Coots and Common Moorhens (Common Gallinules)
1854 and 1837 Ceded Territories
Season Dates: Begin September 9 and end November 30, 2017.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Reservation
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
[[Page 5044]]
Sandhill Cranes: 1854 and 1837 Ceded Territories
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: Two sandhill cranes. Crane carcass tags are
required prior to hunting.
Sora and Virginia Rails
All Areas
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate.
Common Snipe
All Areas
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: Eight common snipe.
Woodcock
All Areas
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: Three woodcock.
Mourning Doves
All Areas
Season Dates: Begin September 1 and end November 30, 2017.
Daily Bag Limit: 30 mourning doves.
General Conditions
1. While hunting waterfowl, a tribal member must carry on his/her
person a valid Ceded Territory License.
2. Shooting hours for migratory birds are one-half hour before
sunrise to one-half hour after sunset.
3. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
provisions of Chapter 10 of the Model Off-Reservation Code. Except as
modified by the Service rules adopted in response to this proposal,
these amended regulations parallel Federal requirements in 50 CFR part
20 as to hunting methods, transportation, sale, exportation, and other
conditions generally applicable to migratory bird hunting.
4. Band members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
5. There are no possession limits for migratory birds. For purposes
of enforcing bag limits, all migratory birds in the possession or
custody of band members on ceded lands will be considered to have been
taken on those lands unless tagged by a tribal or State conservation
warden as having been taken on-reservation. All migratory birds that
fall on reservation lands will not count as part of any off-reservation
bag or possession limit.
(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons
Bay, Michigan (Tribal Members Only).
Ducks
Season Dates: Open September 1, 2017, through January 20, 2018.
Daily Bag Limits: 35 ducks, which may include no more than 8
pintail, 4 canvasback, 8 black ducks, 5 hooded merganser, 8 wood ducks,
8 redheads, and 20 mallards (only 10 of which may be hens).
Canada and Snow Geese
Season Dates: Open September 1, 2017, through February 15, 2018.
Daily Bag Limits: 15 geese.
Other Geese (White-Fronted Geese and Brant)
Season Dates: Open September 20 through December 30, 2017.
Daily Bag Limits: Five geese.
Sora Rails, Common Snipe, and Woodcock
Season Dates: Open September 1 through November 14, 2017.
Daily Bag Limits: 10 rails, 10 snipe, and 5 woodcock.
Mourning Doves
Season Dates: Open September 1 through November 14, 2017.
Daily Bag Limits: 15 mourning doves.
Sandhill Crane
Season Dates: Open September 1 through November 14, 2017.
Daily Bag Limits: 3 sandhill crane, with a season limit of 10.
General Conditions: A valid Grand Traverse Band Tribal license is
required and must be in possession before taking any wildlife. Shooting
hours for migratory birds are one-half hour before sunrise to one-half
hour after sunset. All other basic regulations contained in 50 CFR part
20 are valid. Other tribal regulations apply, and may be obtained at
the tribal office in Suttons Bay, Michigan.
(e) Great Lakes Indian Fish and Wildlife Commission, Odanah,
Wisconsin (Tribal Members Only).
The 2017-18 waterfowl hunting season regulations apply to all
treaty areas (except where noted):
Ducks
Season Dates: Begin September 1 and end December 31, 2017.
Daily Bag Limits: 50 ducks in the 1837 and 1842 Treaty Area; 30
ducks in the 1836 Treaty Area.
Mergansers
Season Dates: Begin September 1 and end December 31, 2017.
Daily Bag Limits: 10 mergansers.
Geese
Season Dates: Begin September 1 and end December 31, 2017. In
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting outside of these dates will also be
open concurrently for tribal members.
Daily Bag Limits: 20 geese in aggregate.
Other Migratory Birds
Coots and Common Moorhens (Common Gallinules)
Season Dates: Begin September 1 and end December 31, 2017.
Daily Bag Limits: 20 coots and common moorhens (common gallinules),
singly or in the aggregate.
Sora and Virginia Rails
Season Dates: Begin September 1 and end December 31, 2017.
Daily Bag and Possession Limits: 20, singly, or in the aggregate,
25.
Common Snipe
Season Dates: Begin September 1 and end December 31, 2017.
Daily Bag Limits: 16 common snipe.
Woodcock
Season Dates: Begin September 5 and end December 31, 2017.
Daily Bag Limits: 10 woodcock.
Mourning Dove: 1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and end November 29, 2017.
Daily Bag Limits: 15 mourning doves.
Sandhill Cranes: 1837 and 1842 Ceded Territories Only
Season Dates: Begin September 1 and end December 31, 2017.
Daily Bag Limits: 2 cranes.
Swans: 1837 and 1842 Ceded Territories Only
Season Dates: Begin November 1 and end December 31, 2017.
Daily Bag Limits: 2 swans. All harvested swans must be registered
by presenting the fully-feathered carcass to a tribal registration
station or GLIFWC warden. If the total number of trumpeter swans
harvested reaches 10, the swan season will be closed by emergency
tribal rule.
General Conditions
A. All tribal members are required to obtain a valid tribal
waterfowl hunting permit.
[[Page 5045]]
B. Except as otherwise noted, tribal members are required to comply
with tribal codes that are no less restrictive than the model ceded
territory conservation codes approved by Federal courts in the Lac
Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs Band v.
State of Minnesota cases. Chapter 10 in each of these model codes
regulates ceded territory migratory bird hunting. Both versions of
Chapter 10 parallel Federal requirements as to hunting methods,
transportation, sale, exportation, and other conditions generally
applicable to migratory bird hunting. They also automatically
incorporate by reference the Federal migratory bird regulations.
C. Particular regulations of note include:
1. Nontoxic shot is required for all waterfowl hunting by tribal
members.
2. Tribal members in each zone must comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
3. There are no possession limits, with the exception of 2 swans
(in the aggregate) and 25 rails (in the aggregate). For purposes of
enforcing bag limits, all migratory birds in the possession and custody
of tribal members on ceded lands are considered to have been taken on
those lands unless tagged by a tribal or State conservation warden as
taken on reservation lands. All migratory birds that fall on
reservation lands do not count as part of any off-reservation bag or
possession limit.
4. There are no shell limit restrictions.
5. Hunting hours are from 30 minutes before sunrise to 30 minutes
after sunset, except that, within the 1837 and 1842 ceded territories
hunters may use non-mechanical nets or snares that are operated by hand
to take those birds subject to an open hunting season at any time.
Hunters shall be permitted to capture, without the aid of other devices
(i.e., by hand) and immediately kill birds subject to an open season,
regardless of time of day. See #7 below for further explanation.
6. An experimental application of electronic calls (e-calls) will
be implemented in the 1837 and 1842 ceded territories. Up to 50 tribal
hunters will be allowed to use e-calls. Individuals using e-calls will
be required to obtain a special permit; they will be required to
complete a hunt diary for each hunt where e-calls are used; and they
will be required to submit the hunt diary to the Commission within two
(2) weeks of the end of the season in order to be eligible to obtain an
e-call permit for the following year. Required information will include
the date, time and location of the hunt, number of hunters, the number
of each species harvested per hunting event, if other hunters were in
the area, any interactions with other hunters, and other information
deemed appropriate. Diary results will be summarized and documented in
a Commission report, which will be submitted to the Service. Barring
unforeseen results, this experimental application would be replicated
for 3 years, after which a full evaluation would be completed.
7. Within the 1837 and 1842 ceded territories, tribal members will
be allowed to use non-mechanical hand-operated nets (i.e., throw/cast
nets or hand-held nets typically used to land fish) and/or hand-
operated snares, and may chase and capture migratory birds without the
aid of hunting devices (i.e., by hand). At this time, non-attended nets
or snares shall not be authorized under this regulation. Tribal members
using nets or snares to take migratory birds, or taking birds by hand,
will be required to obtain a special permit; they will be required to
complete a hunt diary for each hunt where these methods are used; and
they will be required to submit the hunt diary to the Commission within
two (2) weeks of the end of the season in order to be eligible to
obtain a permit to net migratory birds for the following year. Required
information will include the date, time and location of the hunt,
number of hunters, the number of each species harvested per hunting
event, and other information deemed appropriate. Diary results will be
summarized and documented in a Commission report, which will be
submitted to the Service. Barring unforeseen results, this experimental
application would be replicated for 3 years, after which a full
evaluation would be completed.
(f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce,
New Mexico (Tribal Members and Nontribal Hunters).
Ducks (Including Mergansers)
Season Dates: Open October 14 through November 30, 2017.
Daily Bag and Possession Limits: The daily bag limit is seven,
including no more than two hen mallards, two pintail, two redheads, two
canvasback, and three scaup. The possession limit is three times the
daily bag limit.
Canada Geese
Season Dates: Open October 8 through November 30, 2017.
Daily Bag and Possession Limits: Two and six, respectively.
General Conditions: Tribal and nontribal hunters must comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or older must carry on his/her person
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face. Special regulations established by
the Jicarilla Tribe also apply on the reservation.
(g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters).
Nontribal Hunters on Reservation
Geese
Season Dates: Open September 9 through September 10, 2017; open
September 16 through September 17, 2017; and open October 1, 2017,
through January 8, 2018. During these periods, days to be hunted are
specified by the Kalispel Tribe. Nontribal hunters should contact the
Tribe for more detail on hunting days.
Daily Bag and Possession Limits: 5 Canada geese for the early
season, and 6 light geese and 4 dark geese, for the late season. The
daily bag limit is 2 brant (when the State's season is open) and is in
addition to dark goose limits for the late-season. The possession limit
is twice the daily bag limit.
Ducks
Season Dates: Open September 23, 2017, through September 24, 2017;
open September 29, through September 30, 2017; and open October 1,
2017, through January 8, 2018.
Scaup
Season Dates: Open October 1, 2017, through December 25, 2017.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 1 pintail, 2 canvasback, 3 scaup (when open), and 2
redheads. The possession limit is twice the daily bag limit.
Tribal Hunters Within Kalispel Ceded Lands
Ducks
Season Dates: Open October 10, 2017, through January 31, 2018.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 1 pintail, 2 canvasback, 3 scaup, and 2 redheads. The
possession limit is twice the daily bag limit.
[[Page 5046]]
Geese
Season Dates: Open September 10, 2017, through January 31, 2018.
Daily Bag Limit: 20 light geese and 4 dark geese. The daily bag
limit is 2 brant and is in addition to dark goose limits.
General: Tribal members must possess a validated Migratory Bird
Hunting and Conservation Stamp and a tribal ceded lands permit.
(h) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only).
Ducks and Coots
Season Dates: Open October 7, 2017, through January 31, 2018.
Daily Bag and Possession Limits: 9 and 18, respectively.
Geese
Season Dates: Open October 7, 2017, through January 31, 2018.
Daily Bag and Possession Limits: 9 and 18, respectively.
General: Nontoxic shot is required. Use of live decoys, bait, and
commercial use of migratory birds are prohibited. Waterfowl may not be
pursued or taken while using motorized craft. Shooting hours are one-
half hour before sunrise to one-half hour after sunset.
(i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only).
Ducks
Season Dates: Open September 16 through December 31, 2017.
Daily Bag Limits: 10 ducks, including no more than 5 pintail, 5
canvasback, and 5 black ducks.
Geese
Season Dates: Open September 1 through December 31, 2017.
Daily Bag Limits: 10 geese.
General: Possession limits are twice the daily bag limits. Shooting
hours are one-half hour before sunrise to one-half hour after sunset.
Nontoxic shot is required. Use of live decoys, bait, and commercial use
of migratory birds are prohibited. Waterfowl may not be pursued or
taken while using motorized craft.
(j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only).
1836 Ceded Territory and Tribal Reservation
Ducks, Coots, and Gallinules
Season Dates: Open September 15, 2017, through January 26, 2018.
Daily Bag Limits: 12 ducks, including no more than 6 mallards (2 of
which may be hens), 3 black ducks, 3 redheads, 3 wood ducks, 2 pintail,
1 bufflehead, 1 hooded merganser, and 2 canvasback. Five coot and five
gallinule.
Canada Geese
Season Dates: Open September 1, 2017, through February 4, 2018.
Daily Bag Limit: Five.
White-Fronted Geese, Brant, and Snow Geese
Season Dates: Open September 8 through December 10, 2017.
Daily Bag Limit: Five.
Woodcock, Mourning Doves, Snipe, and Sora and Virginia Rails
Season Dates: Open September 1 through November 12, 2017.
Daily Bag Limit: 5 woodcock and 10 each of the other species.
General Conditions Are as Follows
A. All tribal members will be required to obtain a valid tribal
resource card and 2017-18 hunting license.
B. Except as modified by the Service rules adopted in response to
this proposal, these amended regulations parallel all Federal
regulations contained in 50 CFR part 20. Shooting hours will be from
one-half hour before sunrise to sunset.
C. Particular regulations of note include:
(1) Nontoxic shot will be required for all waterfowl hunting by
tribal members.
(2) Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
D. Tribal members hunting in Michigan will comply with tribal codes
that contain provisions parallel to Michigan law regarding duck blinds
and decoys.
E. Possession limits are twice the daily bag limits.
(k) The Little Traverse Bay Bands of Odawa Indians, Petoskey,
Michigan (Tribal Members Only).
Ducks
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limits: 20 ducks, including no more than 5 hen mallards,
5 black ducks, 5 redheads, 5 wood ducks, 5 pintail, 5 scaup, and 5
canvasback.
Mergansers
Season Dates: Open September 15, 2017, through January 31, 2018.
Daily Bag Limits: 10 mergansers, including no more than 5 hooded
mergansers.
Coots and Gallinules
Season Dates: Open September 15 through December 31, 2017.
Daily Bag Limit: 20.
Canada Geese
Season Dates: Open September 1, 2017, through February 8, 2018.
Daily Bag Limit: 20 in the aggregate.
Sora and Virginia Rails
Season Dates: Open September 1 through December 31, 2017.
Daily Bag Limit: 20.
Snipe
Season Dates: Open September 1 through December 31, 2017.
Daily Bag Limit: 16.
Mourning Doves
Season Dates: Open September 1 through November 14, 2017.
Daily Bag Limit: 15.
Woodcock
Season Dates: Open September 1 through December 1, 2017.
Daily Bag Limit: 10.
Sandhill Cranes
Season Dates: Open September 1 through December 1, 2017.
Daily Bag Limit: 1.
General: Possession limits are twice the daily bag limits.
(l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters).
Tribal Members
Ducks, Mergansers, and Coots
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: Six ducks, including no more than
two hen mallard and five mallards total, two pintail, two redheads, two
canvasback, three wood ducks, three scaup, two bonus teal during the
first 16 days of the season, and one mottled duck Coot daily bag limit
is 15. Merganser daily bag limit is five, including no more than two
hooded mergansers. The possession limit is three times the daily bag
limit.
Canada Geese
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: 6 and 18, respectively.
White-Fronted Geese
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: Two and six, respectively.
Light Geese
Season Dates: Open September 1, 2017, through March 10, 2018.
[[Page 5047]]
Daily Bag Limit: 20.
Nontribal Hunters
Ducks (Including Mergansers and Coots)
Season Dates: Open October 7, 2017, through January 11, 2018.
Daily Bag and Possession Limits: Six ducks, including five mallards
(no more of which can be two hen mallard), three scaup, two canvasback,
two redheads, three wood ducks, one mottled duck, one pintail, and two
bonus blue-winged teal during October 7, through October 22, 2017. Coot
daily bag limit is 15. Merganser daily bag limit is five, including no
more than two hooded mergansers. The possession limit is three times
the daily bag limit.
Canada Geese
Season Dates: Open October 28, 2017, through February 11, 2018.
Daily Bag and Possession Limits: 6 and 18, respectively.
White-Fronted Geese
Season Dates: Open October 28, 2017, through January 23, 2018.
Daily Bag and Possession Limits: Two and six, respectively.
Light Geese
Season Dates: Open October 28, 2017, through February 11, 2018.
Daily Bag and Possession Limits: 50 and no possession limit.
General Conditions: All hunters must comply with the basic Federal
migratory bird hunting regulations in 50 CFR part 20, including the use
of steel shot and shooting hours. Nontribal hunters must possess a
validated Migratory Bird Hunting and Conservation Stamp. The Lower
Brule Sioux Tribe has an official Conservation Code that hunters must
adhere to when hunting in areas subject to control by the Tribe.
(m) [Reserved.]
(n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members).
Band-Tailed Pigeons
Season Dates: Open September 22 through October 23, 2017.
Daily Bag Limit: Two band-tailed pigeons.
Ducks and Coots
Season Dates: Open September 23, 2017, through January 28, 2018.
Daily Bag Limit: Seven ducks including no more than five mallards
(only two of which can be a hen), one redhead, one pintail, three
scaup, and one canvasback. The seasons on wood duck and harlequin are
closed. The coot daily bag limit is 25.
Geese
Season Dates: Open September 23, 2017, through January 28, 2018.
Daily Bag Limit: Four, including no more than one brant. The
seasons on Aleutian and dusky Canada geese are closed.
General Conditions
All other Federal regulations contained in 50 CFR part 20 apply.
The following restrictions also apply:
1. As per Makah Ordinance 44, only shotguns may be used to hunt any
species of waterfowl. Additionally, shotguns must not be discharged
within 0.25 miles of an occupied area.
2. Hunters must be eligible, enrolled Makah tribal members and must
carry their Indian Treaty Fishing and Hunting Identification Card while
hunting. No tags or permits are required to hunt waterfowl.
3. The Cape Flattery area is open to waterfowl hunting, except in
designated wilderness areas, or within 1 mile of Cape Flattery Trail,
or in any area that is closed to hunting by another ordinance or
regulation.
4. The use of live decoys and/or baiting to pursue any species of
waterfowl is prohibited.
5. Steel or bismuth shot only for waterfowl is allowed; the use of
lead shot is prohibited.
6. The use of dogs is permitted to hunt waterfowl.
7. Shooting hours for all species of waterfowl are one-half hour
before sunrise to sunset.
8. Open hunting areas are: GMUs 601 (Hoko), a portion of the 602
(Dickey) encompassing the area north of a line between Norwegian
Memorial and east to Highway 101, and 603 (Pysht).
(o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
(Tribal Members and Nontribal Hunters).
Band-Tailed Pigeons
Season Dates: Open September 1 through September 30, 2017.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1 through September 30, 2017.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks (Including Mergansers and Coots)
Season Dates: Open September 23, 2017, through January 7, 2018.
Scaup
Season Dates: Open September 23 through December 17, 2017.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one mottled duck, two canvasback, three scaup
(when open), two redheads, and one pintail. Coot daily bag limit is 25.
Merganser daily bag limit is seven. The possession limit is three times
the daily bag limit.
Canada Geese
Season Dates: Open September 23, 2017, through January 7, 2018.
Daily Bag and Possession Limits: 4 and 12, respectively.
General Conditions: Tribal and nontribal hunters will comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20,
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed
in ink across the face. Special regulations established by the Navajo
Nation also apply on the reservation.
(p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members Only).
Ducks (Including Mergansers)
Season Dates: Open September 16 through December 3, 2017.
Daily Bag and Possession Limits: Six, including no more than six
mallards (three hen mallards), six wood ducks, one redhead, two
pintail, and one hooded merganser. The possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 1 through December 31, 2017.
Daily Bag and Possession Limits: 5 Canada geese with a possession
limit of 10. A seasonal quota of 500 birds is adopted. If the quota is
reached before the season concludes, the season will be closed at that
time.
Woodcock
Season Dates: Open September 2 through November 5, 2017.
Daily Bag and Possession Limits: Two and four woodcock,
respectively.
Doves
Season Dates: Open September 2 through November 5, 2017.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General Conditions: Tribal member shooting hours are one-half hour
before sunrise to one-half hour after sunset. Nontribal members hunting
on the Reservation or on lands under the jurisdiction of the Tribe must
comply with all State of Wisconsin regulations,
[[Page 5048]]
including season dates, shooting hours, and bag limits, which differ
from tribal member seasons. Tribal members and nontribal members
hunting on the Reservation or on lands under the jurisdiction of the
Tribe will observe all basic Federal migratory bird hunting regulations
found in 50 CFR part 20, with the following exceptions: Tribal members
are exempt from the purchase of the Migratory Waterfowl Hunting and
Conservation Stamp (Duck Stamp); and shotgun capacity is not limited to
three shells.
(q) Point No Point Treaty Council, Kingston, Washington (Tribal
Members Only).
Jamestown S'Klallam Tribe
Ducks
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: Seven ducks, including no more
than one harlequin duck per season.
Geese
Season Dates: Open September 9, 2017, through March 10, 2018.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The season on dusky Canada geese is
closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open January 10 through January 25, 2018.
Daily Bag and Possession Limits: Two and four, respectively.
Coots
Season Dates: Open September 13, 2017, through February 1, 2018.
Daily Bag and Possession Limits: 25 and 50 coots, respectively.
Mourning Doves
Season Dates: Open September 13, 2017, through January 18, 2018.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 13, 2017, through March 10, 2018.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeons
Season Dates: Open September 13, 2017, through January 18, 2018.
Daily Bag and Possession Limits: Two and four pigeons,
respectively.
Port Gamble S'Klallam Tribe
Ducks
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: Seven ducks, including no more
than one harlequin duck per season.
Geese
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: Four geese, and may include no
more than three light geese. The season on dusky Canada geese is
closed. Possession limit is twice the daily bag limit.
Brant
Season Dates: Open November 9, 2017, through January 31, 2018.
Daily Bag and Possession Limits: Two and four, respectively.
Coots
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: 7 and 14 coots, respectively.
Mourning Doves
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeons
Season Dates: Open September 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: Two and four pigeons,
respectively.
General: Tribal members must possess a tribal hunting permit from
the Point No Point Tribal Council pursuant to tribal law. Hunting hours
are from one-half hour before sunrise to sunset. Hunters must observe
all other basic Federal migratory bird hunting regulations in 50 CFR
part 20.
(r) The Saginaw Chippewa Indian Tribe of Michigan, Isabella
Reservation, Mt. Pleasant, Michigan (Tribal Members Only).
Mourning Doves
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limit: 25 doves.
Ducks
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limits: 20, including no more than 5 hen mallard, 5 wood
duck, 5 black duck, 5 pintail, 5 redhead, 5 scaup, and 5 canvasback.
Mergansers
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limit: 10, including no more than 5 hooded mergansers.
Canada Geese
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limits: 16.
Sora and Virginia Rails
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limits: 20 in the aggregate.
Sandhill Crane
Season Dates: Open September 1, 2017, through January 31, 2018.
Daily Bag Limits: One.
General: Possession limits are twice the daily bag limits except
for rails, of which the possession limit equals the daily bag limit
(20). Tribal members must possess a tribal hunting permit from the
Saginaw Tribe pursuant to tribal law. Shooting hours are one-half hour
before sunrise until one-half hour after sunset. Hunters must observe
all other basic Federal migratory bird hunting regulations in 50 CFR
part 20.
(s) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie,
Michigan (Tribal Members Only).
Mourning Doves
Season Dates: Open September 1 through November 14, 2017.
Daily Bag Limit: 10 doves.
Teal
Season Dates: Open September 1 through December 31, 2017.
Daily Bag Limits: 20 in the aggregate.
Ducks
Season Dates: Open September 15 through December 31, 2017.
Daily Bag Limits: 20, including no more than 10 mallards (only 5 of
which may be hens), 5 canvasback, 5 black duck, and 5 wood duck.
Mergansers
Season Dates: Open September 15 through December 31, 2017.
Daily Bag Limit: 10 in the aggregate.
[[Page 5049]]
Geese
Season Dates: Open September 1 through December 31, 2017.
Daily Bag Limit: 20 in the aggregate.
Coots and Gallinule
Season Dates: Open September 1 through December 31, 2017.
Daily Bag Limit: 20 in the aggregate.
Woodcock
Season Dates: Open September 2 through December 1, 2017.
Daily Bag Limits: 10.
Common Snipe
Season Dates: Open September 15 through December 31, 2017.
Daily Bag Limits: 16.
Sora and Virginia Rails
Season Dates: Open September 1 through December 31, 2017.
Daily Bag Limits: 20 in the aggregate.
General: Possession limits are twice the daily bag limits except
for rails, of which the possession limit equals the daily bag limit
(20). Tribal members must possess a tribal hunting permit from the
Sault Ste. Marie Tribe pursuant to tribal law. Shooting hours are one-
half hour before sunrise until one-half hour after sunset. Hunters must
observe all other basic Federal migratory bird hunting regulations in
50 CFR part 20.
(t) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort
Hall, Idaho (Nontribal Hunters).
Ducks, Including Mergansers
Duck Season Dates: Open October 7, 2017, through January 19, 2018.
Scaup Season Dates: Open October 7, 2017, through December 31,
2017.
Daily Bag and Possession Limits: Seven ducks and mergansers,
including no more than two hen mallards, one pintail, three scaup (when
open), two canvasback, and two redheads. The possession limit is three
times the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots. The possession limit is
three times the daily bag limit.
Common Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 8 and 24 snipe, respectively.
Canada Geese
Season Dates: Open October 7, 2017, through January 19, 2018.
Daily Bag and Possession Limits: 4 and 12, respectively.
White-Fronted Geese
Season Dates: Open October 7, 2017, through January 19, 2018.
Daily Bag and Possession Limits: 10 and 30, respectively.
Light Geese
Season Dates: Open October 7, 2017, through January 19, 2018.
Daily Bag and Possession Limits: 20 and 60, respectively
General Conditions: Nontribal hunters must comply with all basic
Federal migratory bird hunting regulations in 50 CFR part 20 regarding
shooting hours and manner of taking. In addition, each waterfowl hunter
16 years of age or older must possess a valid Migratory Bird Hunting
and Conservation Stamp (Duck Stamp) signed in ink across the stamp
face. Other regulations established by the Shoshone-Bannock Tribes also
apply on the reservation.
(u) [Reserved.]
(v) [Reserved.]
(w) [Reserved.]
(x) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal
Members Only).
Common Snipe
Season Dates: Open October 1, 2017, through January 31, 2018.
Daily Bag and Possession Limits: 10 and 30, respectively.
Ducks
Season Dates: Open October 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: 10 ducks. The possession limit is
three times the daily bag limit.
Coots
Season Dates: Open October 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: 25 coots. The possession limit is
three times the daily bag limit.
Geese
Season Dates: Open October 1, 2017, through March 10, 2018.
Daily Bag and Possession Limits: 6 and 18, respectively. The season
on brant is closed.
General Conditions: Tribal members hunting on lands will observe
all basic Federal migratory bird hunting regulations found in 50 CFR
part 20, which will be enforced by the Stillaguamish Tribal Law
Enforcement. Tribal members are required to use steel shot or a
nontoxic shot as required by Federal regulations.
(y) Swinomish Indian Tribal Community, LaConner, Washington (Tribal
Members Only).
Ceded Territory and Swinomish Reservation
Ducks and Mergansers
Season Dates: Open September 1, 2017, through March 9, 2018.
Daily Bag and Possession Limits: 20 and 40, respectively.
Canada Geese
Season Dates: Open September 1, 2017, through March 9, 2018.
Daily Bag and Possession Limits: 10 and 20 geese, respectively.
Brant
Season Dates: Open September 1, 2017, through March 9, 2018.
Daily Bag and Possession Limits: 5 and 10 brant, respectively.
Coots
Season Dates: Open September 1, 2017, through March 9, 2018.
Daily Bag and Possession Limits: 25 and 75 coots, respectively.
Mourning Dove
Season Dates: Open September 1, 2017, through March 9, 2018.
Daily Bag and Possession Limits: 15 and 30 mourning dove,
respectively.
Band-Tailed Pigeon
Season Dates: Open September 1, 2017, through March 9, 2018.
Daily Bag and Possession Limits: Three and six band-tailed pigeon,
respectively.
(z) The Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members Only).
Ducks and Mergansers
Season Dates: Open September 1, 2017, through February 28, 2018.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail, two canvasback, three scaup, and
two redheads. Possession limit is twice the daily bag limit.
Geese
Season Dates: Open September 1, 2017, through February 28, 2018.
Daily Bag and Possession Limits: Seven geese, including no more
than four cackling and dusky Canada geese. Possession limit is twice
the daily bag limit.
Brant
Season Dates: Open September 1, 2017, through February 28, 2018.
Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
Season Dates: Open September 1, 2017, through February 28, 2018.
[[Page 5050]]
Daily Bag and Possession Limits: 25 and 25 coots, respectively.
Snipe
Season Dates: Open September 1, 2017, through February 28, 2018.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
General Conditions: All tribal hunters must have a valid Tribal
identification card on his or her person while hunting. All nontribal
hunters must obtain and possess while hunting a valid Tulalip Tribe
hunting permit and be accompanied by a Tulalip Tribal member. Shooting
hours are one-half hour before sunrise to sunset, and steel shot is
required for all migratory bird hunting. Hunters must observe all other
basic Federal migratory bird hunting regulations in 50 CFR part 20.
(aa) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only).
Mourning Doves
Season Dates: Open September 1 through December 31, 2017.
Daily Bag and Possession Limits: 12 and 15 mourning doves,
respectively.
Ducks
Season Dates: Open October 1, 2017, through February 28, 2018.
Daily Bag and Possession Limits: 15 and 20, respectively.
Coots
Season Dates: Open October 1, 2017, through February 15, 2018.
Daily Bag and Possession Limits: 20 and 30, respectively.
Geese
Season Dates: Open October 1, 2017, through February 28, 2018.
Daily Bag and Possession Limits: 7 and 10 geese, respectively.
Brant
Season Dates: Open November 1 through 10, 2017.
Daily Bag and Possession Limits: Two and two, respectively.
General Conditions: Tribal members must have the tribal
identification and harvest report card on their person to hunt. Tribal
members hunting on the Reservation will observe all basic Federal
migratory bird hunting regulations found in 50 CFR part 20, except
shooting hours would be 15 minutes before official sunrise to 15
minutes after official sunset.
(bb) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only).
Teal
Season Dates: Open October 9, 2017, through February 17, 2018.
Daily Bag Limits: 10 teal.
Ducks
Season Dates: Open October 9, 2017, through February 17, 2018.
Daily Bag Limits: Six ducks, including no more than four hen
mallards, six black ducks, four mottled ducks, one fulvous whistling
duck, four mergansers, three scaup, two hooded merganser, three wood
ducks, one canvasback, two redheads, and two pintail. The season is
closed for harlequin ducks.
Sea Ducks
Season Dates: Open October 2, 2017, through February 17, 2018.
Daily Bag Limits: Seven ducks including no more than four of any
one species (only one of which may be a hen eider).
Woodcock
Season Dates: Open October 9 through November 25, 2017.
Daily Bag Limits: Three woodcock.
Canada Geese
Season Dates: Open September 4 through 16, 2017, and open October
23, 2017, through February 17, 2018.
Daily Bag Limits: Eight Canada geese.
Snow Geese
Season Dates: Open September 4 through 16, 2017, and open November
20, 2017, through February 17, 2018.
Daily Bag Limits: 15 snow geese.
Sora and Virginia Rails
Season Dates: Open September 4 through November 4, 2017.
Daily Bag Limits: 5 sora and 10 Virginia rails.
Snipe
Season Dates: Open September 4 through December 9, 2017.
Daily Bag Limits: Eight snipe.
General Conditions: Shooting hours are one-half hour before sunrise
to sunset. Nontoxic shot is required. All other basic Federal migratory
bird hunting regulations contained in 50 CFR part 20 will be observed.
(cc) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal
Members Only).
Ducks
Season Dates: Open September 9 through December 17, 2017.
Daily Bag Limit for Ducks: 10 ducks, including no more than 2
female mallards, 1 pintail, and 1 canvasback.
Mergansers
Season Dates: Open September 9 through December 17, 2017.
Daily Bag Limit for Mergansers: Five mergansers, including no more
than two hooded mergansers.
Geese
Season Dates: Open September 1 through December 15, 2017.
Daily Bag Limit: 12 geese through September 23, and 5 thereafter.
Coots
Season Dates: Open September 1 through November 30, 2017.
Daily Bag Limit: 20 coots.
Snipe
Season Dates: Open September 1 through November 30, 2017.
Daily Bag Limit: 10 snipe.
Mourning Dove
Season Dates: Open September 1 through November 30, 2017.
Daily Bag Limit: 25 mourning dove.
Woodcock
Season Dates: Open September 1 through November 30, 2017.
Daily Bag Limit: 10 woodcock.
Rail
Season Dates: Open September 1 through November 30, 2017.
Daily Bag Limit: 25 rail.
General Conditions: Shooting hours are one-half hour before sunrise
to one-half hour after sunset. Nontoxic shot is required. All other
basic Federal migratory bird hunting regulations contained in 50 CFR
part 20 will be observed.
(dd) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters).
Band-Tailed Pigeons (Wildlife Management Unit 10 and Areas South of Y-
70 and Y-10 in Wildlife Management Unit 7, Only)
Season Dates: Open September 1 through 15, 2017.
Daily Bag and Possession Limits: Three and six pigeons,
respectively.
Mourning Doves (Wildlife Management Unit 10 and Areas South of Y-70 and
Y-10 in Wildlife Management Unit 7, Only)
Season Dates: Open September 1 through 15, 2017.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks and Mergansers
Season Dates: Open October 14, 2017, through January 28, 2018.
[[Page 5051]]
Scaup
Season Dates: Open November 4, 2017, through January 28, 2018.
Daily Bag Limits: Seven including no more than two redheads, one
pintail, three scaup (when open), seven mallards (including no more
than two hen mallards), and two canvasback.
Possession Limits: Twice the daily bag limit.
Coots
Season Dates: Open October 14, 2017, through January 28, 2018.
Daily Bag and Possession Limits: 25 and 50, respectively.
Canada Geese
Season Dates: Open October 14, 2017, through January 28, 2018.
Daily Bag and Possession Limits: Three and six Canada geese,
respectively.
General Conditions: All nontribal hunters hunting band-tailed
pigeons and mourning doves on Reservation lands shall have in their
possession a valid White Mountain Apache Daily or Yearly Small Game
Permit. In addition to a small game permit, all nontribal hunters
hunting band-tailed pigeons must have in their possession a White
Mountain Special Band-tailed Pigeon Permit. Other special regulations
established by the White Mountain Apache Tribe apply on the
reservation. Tribal and nontribal hunters will comply with all basic
Federal migratory bird hunting regulations in 50 CFR part 20 regarding
shooting hours and manner of taking.
Dated: January 16, 2018.
Jason Larrabee,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
Exercising the Authority of the Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2018-02203 Filed 2-2-18; 8:45 am]
BILLING CODE 4333-15-P