[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Proposed Rules]
[Pages 47135-47151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18642]



[[Page 47135]]

Vol. 78

Friday,

No. 149

August 2, 2013

Part III





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 2013-14 
Season; Proposed Rule

Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-HQ-MB-2013-0057; FF09M21200-134-FXMB1231099BPP0]
RIN 1018-AY87


Migratory Bird Hunting; Proposed Migratory Bird Hunting 
Regulations on Certain Federal Indian Reservations and Ceded Lands for 
the 2013-14 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 2013-14 migratory bird hunting season.

DATES: We will accept all comments on the proposed regulations that are 
postmarked or received in our office by August 12, 2013.

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-HQ-
MB-2013-0057.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-HQ-MB-2013-0057; 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, 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 9, 2013, Federal Register (78 
FR 21200), we requested proposals from Indian Tribes wishing to 
establish special migratory bird hunting regulations for the 2013-14 
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 9, 
2013, 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, and we may modify regulations or 
establish experimental special hunts, after evaluation of 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

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migratory bird resource receives necessary protection. The conservation 
of this important international resource is paramount. Further, 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, 2013, meetings reviewed information 
on the current status of migratory shore and upland game birds and 
developed 2013-14 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 31-August 1, 2013, 
meetings will review information on the current status of waterfowl and 
develop recommendations for the 2013-14 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 26, 2013, 
Federal Register (78 FR 45376). 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 2013-14 hunting season, we received requests from 25 Tribes 
and Indian organizations. In this proposed rule, we respond to these 
requests and also evaluate anticipated requests for five 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 2013 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 26, 2013 (78 FR 45376); 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 2013-14 proposal, the Colorado River Indian Tribes request 
split dove seasons. They propose that their early season begin 
September 1 and end September 15, 2013. Daily bag limits would be 10 
mourning or white-winged doves in the aggregate. The late season for 
doves is proposed to open November 9, 2013, and close December 23, 
2013. 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 12, 2013, and close January 26, 2014. 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. Shooting hours would be from one-half hour 
before sunrise to sunset.
    For geese, the Colorado River Indian Tribes propose a season of 
October 13, 2013, through January 20, 2014. 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. 
Shooting hours would be from one-half hour before sunrise to sunset.
    In 1996, the Tribes conducted a detailed assessment of dove 
hunting. 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

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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 2013-14 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, duck, and coot 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, 2013, through March 9, 2014. 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 2013-14 hunting season.

(c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
Minnesota (Tribal Members Only)

    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, 2013, 
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 2013-14 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 2013-14 waterfowl hunting season 
regulations for Fond du Lac are as follows:

Ducks

    A. 1854 and 1837 Ceded Territories:
    Season Dates: Begin September 14 and end November 24, 2013.
    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 24, 2013.
    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 14 and end November 24, 2013.
    Daily Bag Limit: 15 mergansers, including no more than 6 hooded 
mergansers.
B. Reservation:
    Season Dates: Begin September 1 and end November 24, 2013.
    Daily Bag Limit: 10 mergansers, including no more than 4 hooded 
mergansers.
    Canada Geese: All Areas:
    Season Dates: Begin September 1 and end November 24, 2013.
    Daily Bag Limit: 20 geese.
    Sandhill Cranes: 1854 and 1837 Ceded Territories:
    Season Dates: Begin September 1 and end November 24, 2013.
    Daily Bag Limit: One sandhill crane. 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 14 and end November 24, 2013.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
B. Reservation:
    Season Dates: Begin September 1 and end November 24, 2013.
    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 24, 2013.
    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 24, 2013.
    Daily Bag Limit: Eight common snipe.
    Woodcock: All Areas:
    Season Dates: Begin September 1 and end November 24, 2013.
    Daily Bag Limit: Three woodcock.
    Mourning Dove: All Areas
    Season Dates: Begin September 1 and end October 30, 2013.
    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-reservation. All migratory 
birds that fall

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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 fewer than 10 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 2013-14 season, the Tribe requests that the tribal member 
duck season run from September 15, 2013, through January 15, 2014. 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, 2013, and a January 1 through February 8, 2013, season. 
For white-fronted geese and brant, the Tribe proposes a September 20 
through November 30, 2013, 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, 
2013, season. The daily bag limit will not exceed five birds. For 
mourning doves, snipe, and rails, the Tribe usually proposes a 
September 1 through November 14, 2013, 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, 2013. 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 Daily Bag Limit 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 2013-14 special migratory bird hunting proposal, 
including the continuance of the sandhill crane season. However, given 
the need to closely monitor the harvest of this species, we suggest 
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 2013, the GLIFWC proposes 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, and 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; and the Lac Vieux Desert Band of 
Chippewa Indians and the Keweenaw Bay Indian Community in Michigan.
    The GLIFWC 2013 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 through 
September 20; would extend shooting hours by 45 minutes before sunrise 
and after sunset; would increase the daily bag limit from 1 to 2 
sandhill cranes; would allow the first hunting season of swans; would 
open the season for several species (other than geese) to September 1; 
and

[[Page 47140]]

would require nontoxic shot for all migratory bird hunting. In the 1836 
Treaty Area, the GLIFWC's proposal would open the season for several 
species to September 1 to align with the goose season.
    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's proposed regulations, GLIFWC expects total ceded 
territory harvest to be approximately 1,575 ducks, 300 geese, 20 
sandhill cranes, and 20 swans, which is roughly similar to anticipated 
levels in previous years for those species for which seasons were 
established. 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, 
2011, and 2012) indicate that tribal off-reservation waterfowl harvest 
has averaged fewer than 1,100 ducks and 250 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. GLIFWC is still completing a 
survey intiated after the 2012 season to determine if any increase in 
harvest occurred following several regulation changes.
    While we acknowledge that tribal harvest and participation has 
declined in recent years, we do not believe that some of the GLIFWC's 
proposal for tribal waterfowl seasons on ceded lands in Wisconsin, 
Michigan, and Minnesota for the 2013-14 season is in the best interest 
of the conservation of migratory birds. More specific discussion 
follows below.

Allowing Electronic Calls

    As we stated the last two years (76 FR 54676, September 1, 2011; 77 
FR 54451, September 5, 2012), the issue of allowing electronic calls 
and other electronic devices for migratory game bird hunting has been 
highly debated and highly controversial over the last 40 years, similar 
to other prohibited hunting methods such as baiting. Electronic calls, 
i.e., the use or aid of recorded or electronic amplified bird calls or 
sounds, or recorded or electrically amplified imitations of bird calls 
or sounds to lure or attract migratory game birds to hunters, was 
Federally prohibited in 1957, because of their effectiveness in 
attracting and aiding the harvest of ducks and geese and are generally 
not considered a legitimate component of hunting. In 1999, after much 
debate, the migratory bird regulations were revised to allow the use of 
electronic calls for the take of light geese (lesser snow geese and 
Ross geese) during a light-goose-only season when all other waterfowl 
and crane hunting seasons, excluding falconry, were closed (64 FR 7507, 
February 16, 1999; 64 FR 71236, December 20, 1999; 73 FR 65926, 
November 5, 2008). The regulations were also changed in 2006, to allow 
the use of electronic calls for the take of resident Canada geese 
during Canada-goose-only September seasons when all other waterfowl and 
crane seasons, excluding falconry, were closed (71 FR 45964, August 10, 
2006). In both instances, these changes were made in order to 
significantly increase the harvest of these species due to either 
serious population overabundance, depredation issues, or public health 
and safety issues, or a combination of these.
    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 to 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 
continue to 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 during the dates of the general hunt, 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, see further 
discussion under Earlier Season Opening Date). 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

[[Page 47141]]

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 increase with the 
understanding that the Tribe and we would closely monitor tribal 
harvest.
    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) 
(77 FR 54451, September 5, 2012). This was consistent with other Tribes 
in the general area (Fond du Lac, Leech Lake, Oneida, Sault Ste Marie, 
and White Earth). 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 an additional 15 minutes in the 1837 and 1842 Treaty Areas (to 
45 minutes before sunrise and 45 minutes after sunset).

Earlier Season Opening Date

    The Migratory Bird Treaty Act 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. Last year, we 
allowed GLIFWC to open the general duck season on September 4 in the 
1836, 1837, and 1842 ceded areas. While we would prefer that GLIFWC not 
to implement such a change at this time until we can see any impacts 
associated with the earlier September opening date, we see no 
significant conservation implications given the small date change and 
the relatively small numbers of tribal hunters and are willing to allow 
GLIFWC to begin the duck season on September 1 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. However, we note that a September 
1 opening date for ducks would preclude any use of electronic calls for 
Canada geese.

Sandhill Crane Daily Bag Limit

    We have no objections to the proposed increase of the sandhill 
crane daily bag limit from one to two in the 1837 and 1842 Treaty 
Areas. We note that at least two other Tribes currently have a sandhill 
crane season (see (c) Fond du Lac Band of Lake Superior Chippewa 
Indians in Minnesota and (d) Grand Traverse Band of Ottawa and Chippewa 
Indians 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, and the 2012 EP sandhill 
crane fall survey index (87,796) increased by 21 percent from 2011. 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 (harvesting 
92 cranes last year), and the State of Tennessee is proposing a new 
experimental season this year with a maximum allowed harvest of 2,325 
cranes (78 FR 45376; July 26, 2013). Further, allowance for Tribal 
harvest is specifically considered in the EP plan.
    GLIFWC reported that only 2 cranes were harvested last year in 
their inaugural crane season and estimates that no more than 20 cranes 
will be harvested during the proposed season. We further note that two 
cranes were harvested in 2011, in the inaugural Fond du Lac sandhill 
crane season, and none last year. While we support the increase in the 
crane daily bag limit, given the need to closely monitor the harvest of 
this species, we suggest that GLIFWC closely track crane harvest, 
similar to that implemented by Fond du Lac and Grand Traverse, which 
could include a tag or permit type system as recommended in the EP 
management plan.

Swan Season

    As we stated last year (77 FR 54451, September 5, 2012), we are not 
opposed to the establishment of a tundra swan season in Wisconsin. 
Further, we are not conceptually opposed to the establishment of a 
general swan season. However, the establishment of a new 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 swan 
season in the ceded territories. Our position has not changed.
    First, the proposed areas in question are home to significant 
numbers of trumpeter swans. While the GLIFWC's proposed season is for 
both tundra and trumpeter swans, there are important differences that 
require careful consideration. 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 Wisconsin's endangered species list in 
2009. After a 25-year recovery program, there are currently about 200 
breeding pairs in Wisconsin. We have significant concerns at this time 
concerning the harvest of trumpeter swans by tribal hunters hunting 
during a 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 swans (either tundra, trumpeters, or both) 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. GLIWFC's proposal to not open the season until 
November 1, when they state that migrant swans have typically arrived 
into the ceded areas in appreciable numbers, does not alleviate our 
previously identified concerns.
    In addition to the concerns about potential impacts to trumpeter 
swans, we believe it is imperative that any tribal swan hunting 
proposal follow the Eastern Population of tundra swans management plan, 
including a quota

[[Page 47142]]

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 swan hunting 
season in the ceded territory should be implemented this year. Given 
that all these concerns can be worked through, we do not believe that 
implementation of a swan 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 2013-14 waterfowl hunting season regulations apply to 
all treaty areas (except where noted) for GLIFWC as follows:

Ducks

    Season Dates: Begin September 1 and end December 31, 2013.
    Daily Bag Limit: 50 ducks in the 1937 and 1842 Treaty Area; 30 
ducks in the 1836 Treaty Area.

Mergansers

    Season Dates: Begin September 1 and end December 31, 2013.
    Daily Bag Limit: 10 mergansers.

Geese

    Season Dates: Begin September 1 and end December 31, 2013. 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)
    Season Dates: Begin September 1 and end December 31, 2013.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.
B. Sora and Virginia Rails
    Season Dates: Begin September 1 and end December 31, 2013.
    Daily Bag and Possession Limits: 20, singly, or in the aggregate, 
25.
C. Common Snipe
    Season Dates: Begin September 1 and end December 31, 2013.
    Daily Bag Limit: 16 common snipe.
D. Woodcock
    Season Dates: Begin September 3 and end December 31, 2013.
    Daily Bag Limit: 10 woodcock.
E. Mourning Dove 1837 and 1842 Ceded Territories Only
    Season Dates: Begin September 1 and end November 9, 2013.
    Daily Bag Limit: 15 mourning doves.
F. Sandhill Cranes 1837 and 1842 Ceded Territories Only
    Season Dates: Begin September 1 and end December 31, 2013.
    Daily Bag Limit: 2 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 2013-14 
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 2013-14 waterfowl and Canada goose season 
beginning October 12, 2013, and a closing date of November 30, 2013. 
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 321, which is within the historical harvest 
range. The species composition included mainly mallards, gadwall, 
wigeon, and teal. Northern pintail comprised less than 1 percent of the 
total harvest in 2011. The estimated harvest of geese was 20 birds.
    The proposed regulations are essentially the same as were 
established last year. The Tribe anticipates the maximum 2013-14 
waterfowl harvest would be around 500 ducks and 15 to 25 geese.
    We propose to approve the Tribe's requested 2013-14 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

[[Page 47143]]

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 2013-14 migratory bird hunting seasons, the Kalispel Tribe 
proposes 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 21, 2013, and end September 23, 2013, 
open again beginning September 28, and end September 30, 2013, and then 
begin October 1, 2013, and end January 31, 2014. 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 7 
to September 15, 2013, and from October 1, 2013, to January 31, 2014. 
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, that is, fewer 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, 2013, through January 31, 2014, and for geese of September 
1, 2013, through January 31, 2014. 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 parallel those in the Federal regulations contained in 50 
CFR part 20.
    The Tribe reports that there was no tribal harvest. Under the 
proposal, the Tribe expects harvest to be fewer than 200 birds for the 
season with fewer than 100 geese. Tribal members would be 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 2013-14 season, we have not yet heard from the Tribe; 
however, the Tribe usually requests proposed season dates of October 1, 
2013, through January 31, 2014. 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.
    If we receive a proposal that matches the Tribe's usual request, we 
propose to approve those 2013-14 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 2013-14 season, the Tribe requests a duck season starting 
on September 14 and ending December 31, 2013, and a goose season to run 
from September 1 through December 31, 2013. 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 to 1,000 birds.
    We propose to approve the Leech Lake Band of Ojibwe's requested 
2013-14 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 2013-14 season, the Little River Band of Ottawa Indians 
proposes a duck and merganser season from September 15, 2013, through 
January 20, 2014. 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 proposes 
a September 20 through November 30, 2013, season. Daily bag limits 
would be five geese.

[[Page 47144]]

    For Canada geese only, the Tribe proposes a September 1, 2013, 
through February 8, 2014, 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, the Tribe proposes 
a September 1 to November 14, 2013, 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 2013-14 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' requested 
2013-14 special migratory bird hunting seasons.

(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 2013-14 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, 2013, through January 31, 2014. 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 LTBB proposes a September 1, 2013, through 
February 8, 2014, 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 LTBB. 
Possession limits are twice the daily bag limit.
    For woodcock, the LTBB proposes a September 1 to December 1, 2013, 
season. The daily bag limit will not exceed 10 birds. For snipe, the 
LTBB proposes a September 1 to December 31, 2013, season. The daily bag 
limit will not exceed 16 birds. For mourning doves, the LTBB proposes a 
September 1 to November 14, 2013, season. The daily bag limit will not 
exceed 15 birds. For Virginia and sora rails, the LTBB proposes a 
September 1 to December 31, 2013, season. The daily bag limit will not 
exceed 20 birds per species. For coots and gallinules, the LTBB 
proposes a September 15 to December 31, 2013, 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.
    The LTBB also proposes a sandhill crane season to begin September 1 
and end December 1, 2013. The daily bag limit will not exceed one bird. 
The possession limit will not exceed two times the bag limit.
    All other Federal regulations contained in 50 CFR part 20 would 
apply.
    Harvest surveys from 2011-12 hunting season indicated that 
approximately 18 hunters harvested nine different waterfowl species. 
The LTBB proposes to monitor harvest closely through game bag checks, 
patrols, and mail surveys. In particular, the LTBB proposes monitoring 
the harvest of Southern James Bay Canada geese and sandhill cranes to 
assess any impacts of tribal hunting on the population.
    We propose to approve the Little Traverse Bay Bands of Odawa 
Indians' requested 2013-14 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 a memorandum of 
agreement (MOA) with the State of South Dakota. The MOA provided the 
Tribe jurisdiction over fish and wildlife on reservation lands, 
including deeded and U.S. Army Corps of Engineers-taken lands. For the 
2013-14 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 2013-14 migratory bird hunting season, the Lower Brule 
Sioux Tribe proposes a nontribal member duck, merganser, and coot 
season length of 107 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 October 12, 2013, through January 
17, 2014. The daily bag limit would be six birds, including no more 
than two hen mallard and five mallards total, two pintail, two redhead, 
one canvasback, three wood duck, four 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 November 2, 2013, through February 17, 2014 (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 
November 2, 2013, through January 29, 2014, with a daily bag limit 
concurrent with Federal regulations. The Tribe's proposed nontribal-
member light goose season would run from November 2, 2013, through 
January 12, 2014, and February 2 through March 10, 2014. The light 
goose daily bag limit would be 20 with no possession limits.
    For tribal members, the Lower Brule Sioux Tribe proposes a duck, 
merganser, and coot season from September 1, 2013, through March 10, 
2014. The daily bag limit would be six ducks, including no more than 
two hen mallard and five mallards total, two pintail, two redheads, one 
canvasback, three wood ducks, four scaup, and one mottled duck. The 
daily bag limit for mergansers would be five, only two of which could

[[Page 47145]]

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 1, 2013, through March 10, 2014, with a daily bag 
limit of three Canada geese or the maximum that Federal regulations 
allow. The Tribe's proposed white-fronted goose tribal season would run 
from September 1, 2013, through March 10, 2014, with a daily bag limit 
of two white-fronted geese or the maximum that Federal regulations 
allow. The Tribe's proposed light goose tribal season would run from 
September 1, 2013, through March 10, 2014. The light goose daily bag 
limit would be 20 or the maximum that Federal regulations allow, with 
no possession limits.
    In the 2012-13 season, hunters harvested 414 geese and 658 ducks. 
In the 2012-13 season, duck harvest species composition was primarily 
mallard (71 percent), gadwall, and green-winged teal (13 percent each).
    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 
2013-14 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 2013-14 season, the Lower Elwha Klallam Tribe requests a 
duck and coot season from September 14, 2013, to January 5, 2014. 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 14, 2013, to 
January 5, 2014. 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 14, 2013, to January 5, 2014, with a 
daily bag limit of 10, 2, and 8, respectively. The 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 21, 2013, to January 26, 2014. 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 21, 
2013, and close January 26, 2014. 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 14, 2013, and close October 27, 2013. 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 
2013-14 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 
2013-14 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

[[Page 47146]]

owns almost all lands on the reservation and has full wildlife 
management authority.
    For the 2013-14 season, we have not yet heard from the Navajo 
Nation; however, they usually request 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 
usually proposes seasons of September 1 through September 30, 2013, 
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 usually 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 
2013-14 season. The Tribe measures 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.
    If we receive a proposal that matches the Navajo Nation's usual 
request, we propose to approve those 2013-14 special migratory bird 
hunting regulations.

(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 May 28, 2013, letter, the Tribe proposes special migratory 
bird hunting regulations. For ducks, the Tribe describes the general 
outside dates as being September 14 through December 1, 2013, with a 
closed segment of November 16 to 24, 2013. 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 
September 13, 2013, with a daily bag limit of five Canada geese, and 
three from September 14, 2013, through December 29, 2013. The Tribe 
will close the season November 16 to 24, 2013. If a quota of 300 geese 
is attained before the season concludes, the Tribe will recommend 
closing the season early.
    For woodcock, the Tribe proposes a season between September 7 and 
November 3, 2013, with a daily bag and possession limit of 5 and 10, 
respectively.
    For mourning dove, the Tribe proposes a season between September 7 
and November 3, 2013, 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 2013-14 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 2013-14 season, the Point No Point Treaty Council requests 
special migratory bird hunting regulations for the 2013-14 hunting 
season for both the Jamestown S'Klallam and Port Gamble S'Klallam 
Tribes. For ducks and coots hunting season, the Jamestown S'Klallam 
Tribe season would open September 15, 2013, and close February 1, 2014. 
The Port Gamble S'Klallam Tribes season would open from September 2, 
2013, to January 21, 2014. 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 proposes the season 
open on September 15, 2013, and close March 10, 2014. 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, the Council proposes the season 
open on November 9, 2013, and close January 31, 2014, for the Port 
Gamble S'Klallam Tribe, and open on January 15 and close January 31, 
2014, for the Jamestown S'Klallam Tribe. The daily bag limit for brant 
would be two.
    For band-tailed pigeons, the Port Gamble S'Klallam Tribe season 
would open September 2, 2013, and close March 9, 2014. The Jamestown 
S'Klallam Tribe season would open September 15, 2013, and close March 
10, 2014. The daily bag limit for band-tailed pigeons would be two and 
eight for snipe. For snipe, the Port Gamble S'Klallam Tribe season 
would open September 1, 2013, and close March 9, 2014. The Jamestown 
S'Klallam Tribe season would open September 15, 2013, and close March 
10, 2014. The daily bag limit for snipe would be eight. For mourning 
dove, the Port Gamble S'Klallam Tribe season would open September 2, 
2013, and close January 31, 2014. The Jamestown S'Klallam

[[Page 47147]]

Tribe would open September 15, 2013, and close January 14, 2014. The 
daily bag limit for mourning dove would be 10.
    The Tribe anticipates a total harvest of fewer than 200 birds for 
the 2013-14 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 
requested 2013-14 special migratory bird seasons.

(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, 2013, letter, the Tribe proposes special migratory 
bird hunting regulations. For ducks, mergansers, and common snipe, the 
Tribe proposes outside dates as September 15 through December 31, 2013. 
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, 2013. 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, 2013, 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, 2013, with a daily bag and possession limit of 10 and 
20, respectively.
    In 2012, the total estimated duck and geese harvest was 2,858. 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 2013-14 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 2013-14 hunting season, provided the duck and goose hunting 
season dates are the same as on the reservation.
    In a proposal for the 2013-14 hunting season, the Shoshone-Bannock 
Tribes request 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 5, 
2013, and a closing date of January 18, 2014. The Tribes anticipate 
harvest will be between 2,000 and 5,000 ducks.
    The Tribes also request 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 5, 2013, and a closing date of 
January 18, 2014. The Tribes anticipate harvest will be between 4,000 
and 6,000 geese.
    The Tribes request 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 5, 2013, and a closing date of January 
18, 2014.
    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 2013-14 
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 
2013-14 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, 2013, to February 28, 2014. 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, 2013, to 
February 28, 2014. 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, 2013, to February 
15, 2014, 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, 2013, to February 28, 2014, 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

[[Page 47148]]

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 2013-14 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. These regulations would 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 2013-14 season, the Tribe requests to establish duck 
seasons that would run from September 2, 2013, through January 31, 
2014. 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, 2013, 
and ending on January 31, 2014. 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 2013-14 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 2013-14 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 2013-14 season, we expect the 
Tribe will request to establish duck and coot seasons that would run 
from September 1, 2013, through January 15, 2014. The daily bag limit 
for ducks would be five 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, 2013, and end on January 15, 2014. 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, 2013, and end on 
December 31, 2013. 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, 2013, and ending on January 15, 2014. 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, 2013, 
and end on December 31, 2013. The daily bag limit for brant would be 
two. The possession limit would be twice the daily bag limit.
    If we receive a proposal that matches the Tribe's usual request, we 
propose to approve those 2013-14 special migratory bird hunting 
regulations.

(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 2013-14 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, 2013, to February 15, 2014. The daily bag 
limit on ducks (including sea ducks and mergansers) is 10. 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, 2013, to January 31, 2014. 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, 2013, to October 31, 2013. 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 Stillaguamish Tribe's request 
for 2013-14 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

[[Page 47149]]

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 2013-14 season, the Tribal Community requests 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 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. On reservation, the 
Tribal Community 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 
March 9, 2014. 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 anticipates that the regulations will result in the 
harvest of approximately 600 ducks and 200 geese. 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.
    We believe the estimated harvest by the Swinomish will be minimal 
and will not adversely affect migratory bird populations. We propose to 
approve the Tribe's requested 2013-14 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 hunting regulations for the 2013-14 
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 4, 2013, through February 29, 2014. Daily bag and possession 
limits 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 
with final Federal frameworks. For coot, daily bag and possession 
limits are 25 and 50, respectively, and for snipe 8 and 16, 
respectively. 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, 2013, 
through February 29, 2014. 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.
    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 for 2013-14 
special migratory bird hunting regulations.

(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 2013-14 season, the Tribe requests a duck season starting 
October 1, 2013, and ending February 28, 2014. The Tribe proposes a 
daily bag limit of 15 with a possession limit of 20. The Tribe requests 
a coot season starting October 1, 2013, and ending February 15, 2014. 
The coot daily bag limit is 20 with a possession limit of 30.
    The Tribe proposes a goose season from October 1, 2013, to February 
28, 2014, 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, 2013, with a daily bag and possession limit of 2.
    The Tribe proposes a mourning dove season between September 1 and 
December 31, 2013, 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 2013-14 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 2013-14 season, the Tribe proposes a duck season of October 
14, 2013, through February 22, 2014. The Tribe proposes a daily bag 
limit of eight 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 10, 2013, 
through February 22, 2014. A

[[Page 47150]]

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 7, 2013, 
and February 22, 2014, 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 4 
and September 21, 2013, and October 28, 2013, and February 22, 2014, 
with a daily bag limit of 8 Canada geese. For snow geese, the tribe 
requests a season between September 4 to September 21, 2013, and 
November 25, 2013, to February 22, 2014, with a daily bag limit of 15 
snow geese.
    For woodcock, the Tribe proposes a season between October 10 and 
November 23, 2013, with a daily bag limit of three. For sora and 
Virginia rails, the Tribe requests a season of September 2, 2013, 
through November 10, 2013, with a daily bag limit of 5 sora and 10 
Virginia rails. For snipe, the Tribe requests a season of September 2, 
2013, through December 16, 2013, 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 
2013-14 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.
    For the 2013-14 migratory bird hunting season, we anticipate that 
the White Earth Band of Ojibwe will request a duck season to start 
September 17 and end December 11, 2013. For ducks, they usually 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, 2013. The merganser daily bag 
limit would be five with no more than two hooded mergansers. For geese, 
the Tribe usually proposes an early season from September 1 through 
September 25, 2013, and a late season from September 26, 2013, through 
December 19, 2013. 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 usually 
proposes a September 1 through November 30, 2013, 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.
    If we receive a proposal that matches the White Earth Band of 
Ojibwe's usual request, we propose to approve those 2013-14 special 
migratory bird hunting regulations.

(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 2013-14 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 2013-14 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 19, 2013, and a closing date of January 26, 
2014. The Tribe proposes a separate pintail and canvasback season, with 
an opening date of October 19, 2013, and a closing date of December 1, 
2013. The season on scaup is closed. 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), and one canvasback. 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 19, 2013, 
through January 26, 2014. 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 
from September 1, and end September 15, 2013, 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 requested 
2013-14 special migratory bird hunting regulations.

(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 2013-14 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, as usual, propose a season starting October 9, 2013, 
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

[[Page 47151]]

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, 2013, 
and closing January 31, 2014. 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, 2013, 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.
    If we receive a proposal that matches the Tribe's usual request, we 
propose to approve those 2013-14 special migratory bird hunting 
regulations.

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 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 earlier proposed rules; for descriptions of our 
actions to ensure compliance with the following statutes and Executive 
Orders, see our April 9, June 14, and July 26, 2013, proposed rules (78 
FR 21200, 78 FR 35844, and 78 FR 45376):
     National Environmental Policy Act (NEPA)
     Regulatory Planning and Review (Executive Orders 12866 and 
13563)
     Endangered Species Act;
     Regulatory Flexibility Act;
     Small Business Regulatory Enforcement Fairness Act;
     Paperwork Reduction Act;
     Unfunded Mandates Reform Act;
     Executive Orders 12630, 12988, 13175, 13132, and 13211.

List of Subjects in 50 CFR Part 20

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

    The rules that eventually will be promulgated for the 2013-14 
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742 
a-j.

    Dated: July 26, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-18642 Filed 8-1-13; 8:45 am]
BILLING CODE 4310-55-P