[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Rules and Regulations]
[Pages 53217-53229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20981]



[[Page 53217]]

Vol. 78

Wednesday,

No. 167

August 28, 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; Migratory Bird Hunting Regulations on Certain 
Federal Indian Reservations and Ceded Lands for the 2013-14 Early 
Season; Final Rule

Federal Register / Vol. 78 , No. 167 / Wednesday, August 28, 2013 / 
Rules and Regulations

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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; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2013-14 
Early Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule prescribes special early-season migratory bird 
hunting regulations for certain tribes on Federal Indian reservations, 
off-reservation trust lands, and ceded lands. This rule responds to 
tribal requests for U.S. Fish and Wildlife Service (hereinafter Service 
or we) recognition of tribal authority to regulate hunting under 
established guidelines. This rule allows the establishment of season 
bag limits and, thus, harvest, at levels compatible with populations 
and habitat conditions.

DATES: This rule takes effect on September 1, 2013.

ADDRESSES: You may inspect comments received on the special hunting 
regulations and tribal proposals during normal business hours in room 
4107, Arlington Square Building, 4501 N. Fairfax Drive, Arlington, VA 
or at http://www.regulations.gov at Docket No. FWS-HQ-MB-2013-0057.

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: The Migratory Bird Treaty Act (MBTA) of July 
3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs 
the Secretary of the Department of the Interior, having due regard for 
the zones of temperature and for the distribution, abundance, economic 
value, breeding habits, and times and lines of flight of migratory game 
birds, to determine when, to what extent, and by what means such birds 
or any part, nest, or egg thereof may be taken, hunted, captured, 
killed, possessed, sold, purchased, shipped, carried, exported, or 
transported.
    In the August 2, 2013, Federal Register (78 FR 47136), we proposed 
special migratory bird hunting regulations for the 2013-14 hunting 
season for certain Indian tribes, under the guidelines described in the 
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to 
tribal requests for Service recognition of their reserved hunting 
rights, and for some tribes, recognition of their authority to regulate 
hunting by both tribal members and nonmembers on their reservations. 
The guidelines include possibilities for:
    (1) On-reservation hunting by both tribal members and nonmembers, 
with hunting by nontribal members on some reservations to take place 
within Federal frameworks but on dates different from those selected by 
the surrounding State(s);
    (2) On-reservation hunting by tribal members only, outside of usual 
Federal frameworks for season dates and length, and for daily bag and 
possession limits; and
    (3) Off-reservation hunting by tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines must 
be consistent with the March 10-September 1 closed season mandated by 
the 1916 Migratory Bird Treaty with Canada. We have successfully used 
the guidelines since the 1985-86 hunting season. We finalized the 
guidelines beginning with the 1988-89 hunting season (August 18, 1988, 
Federal Register [53 FR 31612]). In the April 9, 2013, Federal Register 
(78 FR 21200), we requested that tribes desiring special hunting 
regulations in the 2013-14 hunting season submit a proposal for our 
review.
    No action is required if a tribe wishes to observe the hunting 
regulations established by the State(s) in which an Indian reservation 
is located. On August 2, 2013, we published a proposed rule that 
included special migratory bird hunting regulations for 30 Indian 
tribes, based on the input we received in response to the April 9, 
2013, proposed rule. All the regulations contained in this final rule 
were either submitted by the tribes or approved by the tribes and 
follow our proposals in the August 2 proposed rule.
    Although the August 2 proposed rule included generalized 
regulations for both early- and late-season hunting, this rulemaking 
addresses only the early-season proposals. Therefore, it includes 
information for only 24 tribes. The letter designations for the 
paragraphs pertaining to each tribe in this rule are discontinuous 
because they follow the letter designations for the 30 tribes discussed 
in the August 2 proposed rule, which set forth paragraphs (a) through 
(dd). Late-season hunting will be addressed in late September. As a 
general rule, early seasons begin during September each year and have a 
primary emphasis on such species as mourning and white-winged doves. 
Late seasons begin about October 1 or later each year and have a 
primary emphasis on waterfowl.

Population Status and Harvest

    Information on the status of waterfowl and information on the 
status and harvest of migratory shore and upland game birds, including 
detailed information on methodologies and results, is available at the 
address indicated under FOR FURTHER INFORMATION CONTACT or from our Web 
site at http://www.fws.gov/migratorybirds/NewsPublicationsReports.html.

Comments and Issues Concerning Tribal Proposals

    For the 2013-14 migratory bird hunting season, we proposed 
regulations for 30 tribes and/or Indian groups that followed the 1985 
guidelines. Only 27 tribes were considered appropriate for final 
rulemaking because we did not receive proposals from 3 of the tribes 
for whom we had proposed regulations. Some of the tribal proposals had 
both early- and late-season elements. However, as noted earlier, only 
those with early-season proposals are included in this final 
rulemaking; 24 tribes have proposals with early seasons. The comment 
period for the proposed rule, published on August 2, 2013, closed on 
August 12, 2013. Because of the necessary brief comment period, we will 
respond to any comments on the proposed rule and/or these regulations 
postmarked by August 12, but not received prior to final action by us, 
in the September late-season final rule. At this time, we have received 
two comments.

Great Lakes Indian Fish and Wildlife Commission's (GLIFWC) Proposal

    We received comments on GLIFWC's initial proposal from the 
Mississippi Flyway Council and the State of Wisconsin.
    The Mississippi Flyway Council recommended denial of GLIFWC's 
waterfowl hunting season requests regarding the use of electronic 
calls, a swan season in primary trumpeter swan breeding range, and 
extending shooting hours to 45 minutes before sunrise and after sunset. 
The Council supported the GLIFWC's expansion of non-toxic shot

[[Page 53219]]

use and a bag limit of 2 for sandhill cranes.
    The State of Wisconsin, Department of Natural Resources (WIDNR) 
noted the long history of working cooperatively with GLIFWC and 
individual tribes in the conservation of Wisconsin's waterfowl and 
wetland resources. However, WIDNR believed the most significant problem 
with the GLIFWC proposal was the request to allow tribal members to 
hunt with the use of electronic calls for ducks and geese within the 
ceded territory. WIDNR believes that, since the ceded territory covers 
one-third of the State of Wisconsin, one-half of the State of Michigan, 
significant areas of Minnesota, and significant areas of public hunting 
grounds and waters in those States, the use of electronic calls by 
tribal hunters would put any nontribal hunters in violation of the law 
when hunting in these areas. Thus, GLIFWC's proposal would, in effect, 
close public lands to hunting, increase conflicts among the hunting 
public, and create a safety concern and an unmanageable law enforcement 
environment. WIDNR also opposed the extension of shooting hours to 45 
minutes before sunrise and 45 minutes past sunset because of safety and 
resource concerns. WIDNR also believes that a tribal tundra and 
trumpeter swan hunting season in the ceded territory should not be 
implemented in 2013, because additional biological evaluation and 
harvest planning should be conducted, especially in light of trumpeter 
swan issues. WIDNR asks that the same criteria of not implementing duck 
hunting seasons prior to September 15 because of impacts to breeding 
ducks in Wisconsin be applied to tribal seasons as well. WIDNR was 
supportive of the tribal sandhill crane daily bag limit increase from 
one to two and the use of nontoxic shot for all migratory bird hunting.
    Service Response: 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 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 regulatory changes are intended to provide 
tribal members a harvest opportunity within the scope of rights 
reserved in their various treaties and increase tribal subsistence 
harvest opportunities, while protecting migratory bird populations. 
Under the GLIFWC proposed regulations, GLIFWC expects total ceded 
territory harvest to be approximately 1,575 ducks, 300 geese, 50 
sandhill cranes, and 50 tundra swans, which is roughly similar to 
anticipated levels in previous years for those species for which 
seasons were established. GLIWFC further anticipates that tribal 
harvest will remain low given the small number of tribal hunters and 
the limited opportunity to harvest more than a small number of birds on 
most hunting trips.
    Recent GLIFWC harvest surveys (1996-98, 2001, 2004, and 2007-08, 
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 initiated 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, were 
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 take 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

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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 below 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 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 despite 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 45 minutes before sunrise and 45 minutes 
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 
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 we 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 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.

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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 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.

National Environmental Policy Act (NEPA)

    The programmatic document, ``Second Final Supplemental 
Environmental Impact Statement: Issuance of Annual Regulations 
Permitting the Sport Hunting of Migratory Birds (EIS 20130139),'' filed 
with the Environmental Protection Agency (EPA) on May 24, 2013, 
addresses NEPA compliance by the Service for issuance of the annual 
framework regulations for hunting of migratory game bird species. We 
published a notice of availability in the Federal Register on May 31, 
2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR 
45376). We also address NEPA compliance for waterfowl hunting 
frameworks through the annual preparation of separate environmental 
assessments, the most recent being ``Duck Hunting Regulations for 2013-
14,'' with its corresponding August 19, 2013, finding of no significant 
impact. In addition, an August 1985 environmental assessment entitled 
``Guidelines for Migratory Bird Hunting Regulations on Federal Indian 
Reservations and Ceded Lands'' is available from the address indicated 
under the caption FOR FURTHER INFORMATION CONTACT.

Endangered Species Act Consideration

    Section 7 of the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531 et seq.), provides that, ``The Secretary shall review other 
programs administered by him and utilize such programs in furtherance 
of the purposes of this Act'' (and) shall ``insure that any action 
authorized, funded, or carried out . . . is not likely to jeopardize 
the continued existence of any endangered species or threatened species 
or result in the destruction or adverse modification of [critical] 
habitat. . . .'' Consequently, we conducted formal consultations to 
ensure that actions resulting from these regulations would not likely 
jeopardize the continued existence of endangered or threatened species 
or result in the destruction or adverse modification of their critical 
habitat. Findings from these consultations are included in a biological 
opinion, which concluded that the regulations are not likely to 
jeopardize the continued existence of any endangered or threatened 
species. Additionally, these findings may have caused modification of 
some regulatory measures previously proposed, and the final frameworks 
reflect any such modifications. Our biological opinions resulting from 
this section 7 consultation are public documents available for public 
inspection at the address indicated under ADDRESSES.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. OIRA has 
reviewed this rule and has determined that this rule is significant 
because it would have an annual effect of $100 million or more on the 
economy.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.
    An economic analysis was prepared for the 2013-14 season. This 
analysis was based on data from the 2011 National Hunting and Fishing 
Survey, the most recent year for which data are available (see 
discussion in Regulatory Flexibility Act section below). This analysis 
estimated consumer surplus for three alternatives for duck hunting 
(estimates for other species are not quantified due to lack of data). 
The alternatives are (1) issue restrictive regulations allowing fewer 
days than those issued during the 2012-13 season, (2) issue moderate 
regulations allowing more days than those in alternative 1, and (3) 
issue liberal regulations identical to the regulations in the 2012-

[[Page 53222]]

13 season. For the 2013-14 season, we chose Alternative 3, with an 
estimated consumer surplus across all flyways of $317.8-$416.8 million. 
We also chose alternative 3 for the 2009-10, the 2010-11, the 2012-13, 
and the 2012-13 seasons. The 2013-14 analysis is part of the record for 
this rule and is available at http://www.regulations.gov at Docket No. 
FWS-HQ-MB-2013-0057.

Regulatory Flexibility Act

    The annual migratory bird hunting regulations have a significant 
economic impact on substantial numbers of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the 
economic impacts of the annual hunting regulations on small business 
entities in detail as part of the 1981 cost-benefit analysis. This 
analysis was revised annually from 1990-95. In 1995, the Service issued 
a Small Entity Flexibility Analysis (Analysis), which was subsequently 
updated in 1996, 1998, 2004, 2008, and 2013. The primary source of 
information about hunter expenditures for migratory game bird hunting 
is the National Hunting and Fishing Survey, which is conducted at 5-
year intervals. The 2013 Analysis was based on the 2011 National 
Hunting and Fishing Survey and the U.S. Department of Commerce's County 
Business Patterns, from which it was estimated that migratory bird 
hunters would spend approximately $1.5 billion at small businesses in 
2013. Copies of the Analysis are available upon request from the 
Division of Migratory Bird Management (see FOR FURTHER INFORMATION 
CONTACT) or from our Web site at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or 
at http://www.regulations.gov at Docket No. FWS-HQ-MB-2013-0057.

Small Business Regulatory Enforcement Fairness Act

    This rule is a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act. For the reasons outlined above, 
this rule will have an annual effect on the economy of $100 million or 
more. However, because this rule establishes hunting seasons, we are 
not deferring the effective date under the exemption contained in 5 
U.S.C. 808(1).

Paperwork Reduction Act

    This final rule does not contain any new information collection 
that requires approval under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). We may not conduct or sponsor and you are not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number. OMB has reviewed and approved the 
information collection requirements associated with migratory bird 
surveys and assigned the following OMB control numbers:
     1018-0010--Mourning Dove Call Count Survey (expires 4/30/
2015).
     1018-0019--North American Woodcock Singing Ground Survey 
(expire 4/30/2015).
     1018-0023--Migratory Bird Surveys (expires 4/30/2014). 
Includes Migratory Bird Harvest Information Program, Migratory Bird 
Hunter Surveys, Sandhill Crane Survey, and Parts Collection Survey.

Unfunded Mandates Reform Act

    We have determined and certify, in compliance with the requirements 
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this 
rulemaking will not impose a cost of $100 million or more in any given 
year on local or State government or private entities. Therefore, this 
rule is not a ``significant regulatory action'' under the Unfunded 
Mandates Reform Act.

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this rule, has determined that this 
rule will not unduly burden the judicial system and that it meets the 
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.

Takings Implication Assessment

    In accordance with Executive Order 12630, this rule, authorized by 
the Migratory Bird Treaty Act (16 U.S.C. 703-711), does not have 
significant takings implications and does not affect any 
constitutionally protected property rights. This rule will not result 
in the physical occupancy of property, the physical invasion of 
property, or the regulatory taking of any property. In fact, this rule 
allows hunters to exercise otherwise unavailable privileges and, 
therefore, reduce restrictions on the use of private and public 
property.

Energy Effects--Executive Order 13211

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. While this rule is a 
significant regulatory action under Executive Order 12866, it is not 
expected to adversely affect energy supplies, distribution, or use. 
Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

Government-to-Government Relationship with Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated possible effects on Federally-recognized Indian tribes 
and have determined that there are no effects on Indian trust 
resources. However, in the April 9 Federal Register, we solicited 
proposals for 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. The 
resulting proposals were contained in a separate August 2, 2013, 
proposed rule (78 FR 47136). By virtue of these actions, we have 
consulted with Tribes affected by this rule.

Federalism Effects

    Due to the migratory nature of certain species of birds, the 
Federal Government has been given responsibility over these species by 
the Migratory Bird Treaty Act. We annually prescribe frameworks from 
which the States make selections regarding the hunting of migratory 
birds, and we employ guidelines to establish special regulations on 
Federal Indian reservations and ceded lands. This process preserves the 
ability of the States and tribes to determine which seasons meet their 
individual needs. Any State or Indian tribe may be more restrictive 
than the Federal frameworks at any time. The frameworks are developed 
in a cooperative process with the States and the Flyway Councils. This 
process allows States to participate in the development of frameworks 
from which they will make selections, thereby having an influence on 
their own regulations. These rules do not have a substantial direct 
effect on fiscal capacity, change the roles or responsibilities of 
Federal or State governments, or intrude on State policy or 
administration. Therefore, in accordance with Executive Order 13132, 
these regulations do not have significant federalism effects and do not 
have sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

Regulations Promulgation

    The rulemaking process for migratory game bird hunting must, by its 
nature, operate under severe time constraints. However, we intend that 
the public be given the greatest possible opportunity to comment. Thus, 
when the

[[Page 53223]]

preliminary proposed rulemaking was published, we established what we 
believed were the longest periods possible for public comment. In doing 
this, we recognized that when the comment period closed, time would be 
of the essence. That is, if there were a delay in the effective date of 
these regulations after this final rulemaking, States and Tribes would 
have insufficient time to select season dates and limits; to 
communicate those selections to us; and to establish and publicize the 
necessary regulations and procedures to implement their decisions. We 
therefore find that ``good cause'' exists, within the terms of 5 U.S.C. 
553(d)(3) of the Administrative Procedure Act, and these seasons will, 
therefore, take effect less than 30 days after the date of publication.
    Accordingly, with each participating Tribe having had an 
opportunity to participate in selecting the hunting seasons desired for 
its reservation or ceded territory on those species of migratory birds 
for which open seasons are now prescribed, and consideration having 
been given to all other relevant matters presented, certain sections of 
title 50, chapter I, subchapter B, part 20, subpart K, are hereby 
amended as set forth below.

List of Subjects in 50 CFR Part 20

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

    Accordingly, part 20, subchapter B, chapter I of title 50 of the 
Code of Federal Regulations is amended as follows:

PART 20--[AMENDED]

0
1. The authority citation for part 20 continues to read as follows:

    Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 
703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Pub. L. 
106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.

    Note: The following hunting regulations provided for by 50 CFR 
20.110 will not appear in the Code of Federal Regulations because of 
their seasonal nature.)


0
2. Section 20.110 is revised to read as follows:


Sec.  20.110  Seasons, limits, and other regulations for certain 
Federal Indian reservations, Indian Territory, and ceded lands.

    Unless specifically provided for below, all of the regulations 
contained in 50 CFR part 20 apply to the seasons listed herein.
    (a) Colorado River Indian Tribes, Parker, Arizona (Tribal Members 
and Nontribal Hunters).

Doves

    Season Dates: Open September 1 through 15, 2013; then open November 
9 through December 23, 2013.
    Daily Bag and Possession Limits: For the early season, daily bag 
limit is 10 mourning or white-winged doves, singly, or in the 
aggregate. For the late season, the daily bag limit is 10 mourning 
doves. Possession limits are twice the daily bag limits after the first 
day of the season.
    General Conditions: All persons 14 years and older must be in 
possession of a valid Colorado River Indian Reservation hunting permit 
before taking any wildlife on tribal lands. Any person transporting 
game birds off the Colorado River Indian Reservation must have a valid 
transport declaration form. Other tribal regulations apply, and may be 
obtained at the Fish and Game Office in Parker, Arizona. The early 
season will be open from one-half hour before sunrise until noon. For 
the late season, shooting hours are from one-half hour before sunrise 
to sunset.
    (b) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Tribal Hunters).

Tribal Members Only

Ducks (including mergansers)

    Season Dates: Open September 2, 2013, through March 9, 2014.
    Daily Bag and Possession Limits: The Tribe does not have specific 
bag and possession restrictions for Tribal members. The season on 
harlequin duck is closed.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Same as ducks.

Geese

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Same as ducks.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations contained in 50 
CFR part 20 regarding manner of taking. In addition, shooting hours are 
sunrise to sunset, and each waterfowl hunter 16 years of age or older 
must carry on his/her person a valid Migratory Bird Hunting and 
Conservation Stamp (Duck Stamp) signed in ink across the stamp face. 
Special regulations established by the Confederated Salish and Kootenai 
Tribes also apply on the reservation.
    (c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
Minnesota (Tribal Members Only).

Ducks

    1854 and 1837 Ceded Territories:
    Season Dates: Begin September 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.
    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

    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.
    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.

Coots and Common Moorhens (Common Gallinules)

    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.
    Reservation:
    Season Dates: Begin September 1 and end November 24, 2013.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.

Sandhill Cranes: 1854 and 1837 Ceded Territories:

    Season Dates: Begin September 1 and end November 25, 2013.
    Daily Bag Limit: One sandhill crane. Crane carcass tags are 
required prior to hunting.

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.

[[Page 53224]]

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 Doves: All Areas
    Season Dates: Begin September 1 and end October 30, 2013.
    Daily Bag Limit: 30 mourning doves.
    General Conditions:
    1. While hunting waterfowl, a tribal member must carry on his/her 
person a valid tribal waterfowl hunting permit.
    2. 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. These 
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.
    3. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    4. There are no possession limits on any species, unless otherwise 
noted above. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession or custody of band members on ceded 
lands will be considered to have been taken on those lands unless 
tagged by a tribal or State conservation warden as having been taken 
on-reservation. All migratory birds that fall on reservation lands will 
not count as part of any off-reservation bag or possession limit.
    5. Shooting hours for migratory birds are one-half hour before 
sunrise to one-half hour after sunset.
    (d)Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, 
Michigan (Tribal Members Only).
    All seasons in Michigan, 1836 Treaty Zone:
Ducks
    Season Dates: Open September 15, 2013, through January 15, 2014.
    Daily Bag Limit: 20 ducks, which may include no more than 5 
pintail, 3 canvasback, 5 black ducks, 1 hooded merganser, 5 wood ducks, 
3 redheads, and 9 mallards (only 4 of which may be hens).

Canada and Snow Geese

    Season Dates: Open September 1 through November 30, 2013; and open 
January 1, 2014, through February 8, 2014.
    Daily Bag Limit: 10 geese.

Other Geese (white-fronted geese and brant)

    Season Dates: Open September 20 through November 30, 2013.
    Daily Bag Limit: Five geese.

Sora Rails, Common Snipe, and Woodcock

    Season Dates: Open September 1 through November 14, 2013.
    Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.

Mourning Doves

    Season Dates: Open September 1 through November 14, 2013.
    Daily Bag Limit: 10 mourning doves.

Sandhill Cranes

    Season Dates: Open September 1 through November 30, 2013.
    Daily Bag Limit: One sandhill crane.
    General Conditions: A valid Grand Traverse Band Tribal license is 
required and must be in possession before taking any wildlife. Shooting 
hours for migratory birds are one-half hour before sunrise to one-half 
hour after sunset. All other basic regulations contained in 50 CFR part 
20 are valid. Other tribal regulations apply, and may be obtained at 
the tribal office in Suttons Bay, Michigan.
    (e) Great Lakes Indian Fish and Wildlife Commission, Odanah, 
Wisconsin (Tribal Members Only).
    The 2013-14 waterfowl hunting season regulations apply to all 
treaty areas (except where noted):

Ducks

    Season Dates: Begin September 1 and end December 31, 2013.
    Daily Bag Limit: 1837 and 1842 Ceded Territories: 50 ducks.
    1836 Ceded Territory: 30 ducks.

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 after December 1 will also be open 
concurrently for tribal members.
    Daily Bag Limit: 20 geese in aggregate.

Other Migratory Birds

    Coots and Common Moorhens (Common Gallinules):
    Season Dates: Begin September 1 and end December 31, 2013.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.

Sora and Virginia Rails

    Season Dates: Begin September 1 and end December 31, 2013.
    Daily Bag and Possession Limits: 20 sora and Virginia rails, singly 
or in the aggregate, 25.

Common Snipe

    Season Dates: Begin September 1 and end December 31, 2013.
    Daily Bag Limit: 16 common snipe.

Woodcock

    Season Dates: Begin September 3 and end December 31, 2013.
    Daily Bag Limit: 10 woodcock.

Mourning Doves: 1837 and 1842 Ceded Territories

    Season Dates: Begin September 1 and end November 9, 2013.
    Daily Bag Limit: 15 doves.

Sandhill Cranes: 1837 and 1842 Ceded Territories only

    Season Dates: Begin September 1 and end December 31, 2013.
    Daily Bag Limit: 2 cranes.

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), Mille Lacs Band 
v. State of Minnesota, and United States v. Michigan 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 regulation.
    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

[[Page 53225]]

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 one-half hour before sunrise to one-
half hour after sunset.
    (f) [Reserved]
    (g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Hunters).
    Nontribal Hunters on Reservation

Geese

    Season Dates: Open September 7 through September 15, 2013, for the 
early-season, and open October 1, 2013, through January 31, 2014, for 
the late-season. During this period, days to be hunted are specified by 
the Kalispel Tribe. Nontribal hunters should contact the Tribe for more 
detail on hunting days.
    Daily Bag and Possession Limits: 5 Canada geese for the early 
season, and 3 light geese and 4 dark geese, for the late season. The 
daily bag limit is 2 brant (when the State's season is open) and is in 
addition to dark goose limits for the late-season. The possession limit 
is twice the daily bag limit.

Ducks

    Season Dates: Open September 21, through September 23, 2013, and 
open September 28 through September 30, 2013.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
female mallards, 2 pintail, 1 canvasback, 3 scaup, and 2 redheads. The 
possession limit is twice the daily bag limit.

Tribal Hunters Within Kalispel Ceded Lands

Ducks

    Season Dates: Open October 1, 2013, through January 31, 2014.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
female mallards, 2 pintail, 1 canvasback, 3 scaup, and 2 redheads. The 
possession limit is twice the daily bag limit.

Geese

    Season Dates: Open September 1, 2013, through January 31, 2014.
    Daily Bag Limit: 6 light geese and 4 dark geese. The daily bag 
limit is 2 brant and is in addition to dark goose limits.
    General: Tribal members must possess a validated Migratory Bird 
Hunting and Conservation Stamp and a tribal ceded lands permit.
    (h) [Reserved]
    (i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members 
Only).

Ducks

    Season Dates: Open September 1 through December 31, 2013.
    Daily Bag Limits: 10 ducks, including no more than 5 pintail, 5 
canvasback, and 5 black ducks.

Geese

    Season Dates: Open September 1 through December 31, 2013.
    Daily Bag Limits: 10 geese.
    General: Possession limits are twice the daily bag limits. Shooting 
hours are one-half hour before sunrise to one-half hour after sunset. 
Nontoxic shot is required. Use of live decoys, bait, and commercial use 
of migratory birds are prohibited. Waterfowl may not be pursued or 
taken while using motorized craft.
    (j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal 
Members Only).
    1836 Ceded Territory and Tribal Reservation:

Ducks

    Season Dates: Open September 15, 2013, through January 20, 2014.
    Daily Bag Limits: 12 ducks, including no more than 6 mallards (2 of 
which may be hens), 3 black ducks, 5 redheads, 3 wood ducks, 2 pintail, 
1 hooded merganser, and 2 canvasback.

Canada Geese

    Season Dates: Open September 1, 2013, through February 8, 2014.
    Daily Bag Limit: 20.

White-fronted Geese, Brant, and Snow Geese

    Season Dates: Open September 20, 2013, through November 30, 2013.
    Daily Bag Limit: 5.

Woodcock, Mourning Doves, Snipe, and Sora and Virginia Rails

    Season Dates: Open September 1 through November 14, 2013.
    Daily Bag Limit: 5 Woodcock and 10 each of the other species.
    General: Possession limits are twice the daily bag limits.
    (k) The Little Traverse Bay Bands of Odawa Indians, Petoskey, 
Michigan (Tribal Members Only).

Ducks

    Season Dates: Open September 15, 2013, through January 31, 2014.
    Daily Bag Limits: 20 ducks, including no more than 5 hen mallards, 
5 black ducks, 5 redheads, 5 wood ducks, 5 pintail, 5 scaup, and 5 
canvasback.

Mergansers

    Season Dates: Open September 15, 2013, through January 31, 2014.
    Daily Bag Limits: 10 mergansers, including no more than 5 hooded 
mergansers.

Coots and Gallinules

    Season Dates: Open September 15 through December 31, 2013.
    Daily Bag Limit: 20.

Canada Geese

    Season Dates: Open September 1, 2013, through February 8, 2014.
    Daily Bag Limit: 20.

Sora and Virginia Rails

    Season Dates: Open September 1 through December 31, 2013.
    Daily Bag Limit: 20.

Snipe

    Season Dates: Open September 15 through December 31, 2013.
    Daily Bag Limit: 16.

Mourning Doves

    Season Dates: Open September 1 through November 14, 2013.
    Daily Bag Limit: 15.

Woodcock

    Season Dates: Open September 5 through December 1, 2013.
    Daily Bag Limit: 10.

Sandhill Cranes

    Season Dates: Open September 1 through December 1, 2013.
    Daily Bag Limit: 1.
    General: Possession limits are twice the daily bag limits.
    (l) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Nontribal Hunters).

Tribal Members

Ducks, Mergansers, and Coots

    Season Dates: Open September 1, 2013, through March 10, 2014.
    Daily Bag and Possession Limits: Six ducks, including no more five 
mallards (only two of which may be hens), four scaup, one mottled duck, 
two redheads, three wood ducks, one canvasback, and

[[Page 53226]]

two pintail. Coot daily bag limit is 15. Merganser daily bag limit is 
five, including no more than two hooded mergansers. The possession 
limit is twice the daily bag limit.

Canada Geese

    Season Dates: Open September 1, 2013, through March 10, 2014.
    Daily Bag and Possession Limits: Three and six, respectively.

White-fronted Geese

    Season Dates: Open September 1, 2013, through March 10, 2014.
    Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

    Season Dates: Open September 1, 2013, through March 10, 2014.
    Daily Bag Limit: 20.
    General Conditions: All hunters must comply with the basic Federal 
migratory bird hunting regulations in 50 CFR part 20, including the use 
of steel shot. Nontribal hunters must possess a validated Migratory 
Bird Hunting and Conservation Stamp. The Lower Brule Sioux Tribe has an 
official Conservation Code that hunters must adhere to when hunting in 
areas subject to control by the Tribe.
    (m) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal 
Members Only).

Ducks

    Season Dates: Open September 14, 2013, through January 5, 2014.
    Daily Bag and Possession Limits: Eight ducks, including no more 
than two hen mallards, one pintail, one canvasback, and two redheads. 
Possession limit is twice the daily bag limit. Bag and possession 
limits for harlequin ducks is one per season.

Geese

    Season Dates: Open September 14, 2013, through January 5, 2014.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The seasons on Aleutian Canada geese and 
brant are closed. Possession limit is twice the daily bag limit.

Coots

    Season Dates: Open September 14, 2013, through January 5, 2014.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Mourning Doves

    Season Dates: Open September 14, 2013, through January 5, 2014.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

    Season Dates: Open September 14, 2013, through January 5, 2014.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-Tailed Pigeons

    Season Dates: Open September 14, 2013, through January 5, 2014.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
    General: Tribal members must possess a tribal hunting permit from 
the Lower Elwha Klallam Tribe pursuant to tribal law. Hunters must 
observe all basic Federal migratory bird hunting regulations in 50 CFR 
part 20.
    (n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members).

Band-Tailed Pigeons

    Season Dates: Open September 14 through October 27, 2013.
    Daily Bag Limit: Two band-tailed pigeons.

Ducks and Coots

    Season Dates: Open September 21, 2013, through January 26, 2014.
    Daily Bag Limit: Seven ducks including no more than five mallards 
(only two of which can be a hen), one redhead, one pintail, three 
scaup, and one canvasback. The seasons on wood duck and harlequin are 
closed.

Geese

    Season Dates: Open September 21, 2013, through January 26, 2014.
    Daily Bag Limit: Four including no more than one brant. The seasons 
on Aleutian and dusky Canada geese are closed.

General

    All other Federal regulations contained in 50 CFR part 20 apply. 
The following restrictions also apply:
    (1) As per Makah Ordinance 44, only shotguns may be used to hunt 
any species of waterfowl. Additionally, shotguns must not be discharged 
within 0.25 miles of an occupied area.
    (2) Hunters must be eligible, enrolled Makah tribal members and 
must carry their Indian Treaty Fishing and Hunting Identification Card 
while hunting. No tags or permits are required to hunt waterfowl.
    (3) The Cape Flattery area is open to waterfowl hunting, except in 
designated wilderness areas, or within 1 mile of Cape Flattery Trail, 
or in any area that is closed to hunting by another ordinance or 
regulation.
    (4) The use of live decoys and/or baiting to pursue any species of 
waterfowl is prohibited.
    (5) Steel or bismuth shot only for waterfowl is allowed; the use of 
lead shot is prohibited.
    (6) The use of dogs is permitted to hunt waterfowl.
    (7) Shooting hours for all species of waterfowl are one-half hour 
before sunrise to one-half hour after sunset.
    (8) Open hunting areas are: GMUs 601 (Hoko), a portion of the 602 
(Dickey) encompassing the area north of a line between Norwegian 
Memorial and east to Highway 101, and 603 (Pysht).
    (o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona 
(Tribal Members and Nontribal Hunters).

Band-Tailed Pigeons

    Season Dates: Open September 1 through 30, 2013.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.

Mourning Doves

    Season Dates: Open September 1 through 30, 2013.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: Tribal and nontribal hunters will comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20, 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or over must carry on his/her person a 
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed 
in ink across the face. Special regulations established by the Navajo 
Nation also apply on the reservation.
    (p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
Members Only).

Ducks (Including Mergansers)

    Season Dates: Open September 14 through November 15, 2013, and open 
November 25 through December 1, 2013.
    Daily Bag and Possession Limits: Six, including no more than six 
mallards (three hen mallards), six wood ducks, one redhead, two 
pintail, and one hooded merganser. The possession limit is twice the 
daily bag limit.

Geese

    Season Dates: Open September 1 through November 15, 2013; and open 
November 25 through December 29, 2013.
    Daily Bag and Possession Limits: 5 and 10 Canada geese, 
respectively, from September 1 through 13, 2013; and 3 and 6 Canada 
geese, respectively, the remainder of the season. Hunters will be 
issued five tribal tags during the early

[[Page 53227]]

season and three tribal tags during the late season for geese in order 
to monitor goose harvest. An additional three tags will be issued each 
time birds are registered. A seasonal quota of 300 birds is adopted. If 
the quota is reached before the season concludes, the season will be 
closed at that time.

Woodcock

    Season Dates: Open September 7 through November 3, 2013.
    Daily Bag and Possession Limits: Two and four woodcock, 
respectively.

Doves

    Season Dates: Open September 7 through November 3, 2013.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: Tribal member shooting hours are one-half hour 
before sunrise to one-half hour after sunset. Nontribal members hunting 
on the Reservation or on lands under the jurisdiction of the Tribe must 
comply with all State of Wisconsin regulations, including season dates, 
shooting hours, and bag limits, which differ from tribal member 
seasons. Tribal members and nontribal members hunting on the 
Reservation or on lands under the jurisdiction of the Tribe will 
observe all basic Federal migratory bird hunting regulations found in 
50 CFR part 20, with the following exceptions: Tribal members are 
exempt from the purchase of the Migratory Waterfowl Hunting and 
Conservation Stamp (Duck Stamp); and shotgun capacity is not limited to 
three shells.
    (q) Point No Point Treaty Council, Kingston, Washington (Tribal 
Members Only).

Jamestown S'Klallam Tribe

Ducks

    Season Dates: Open September 15, 2013, through February 1, 2014.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, four scoters, and 
two redheads. Possession limit is twice the daily bag limit. Bag and 
possession limits for harlequin ducks is one per season.

Geese

    Season Dates: Open September 15, 2013, through March 10, 2014.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The season on cackling Canada geese is 
closed. Possession limit is twice the daily bag limit.

Brant

    Season Dates: Open January 15 through January 31, 2014.
    Daily Bag and Possession Limits: Two and four, respectively.

Coots

    Season Dates: Open September 15, 2013, through February 1, 2014.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Mourning Doves

    Season Dates: Open September 15, 2013, through January 14, 2014.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

    Season Dates: Open September 15, 2013, through March 10, 2014.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-tailed Pigeons

    Season Dates: Open September 15, 2013, through March 10, 2014.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.

Port Gamble S'Klallam Tribe

Ducks

    Season Dates: Open September 2, 2013, through January 31, 2014.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, four scoters, and 
two redheads. Possession limit is twice the daily bag limit. Bag and 
possession limits for harlequin ducks is one per season.

Geese

    Season Dates: Open September 15, 2013, through March 9, 2014.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The season on cackling Canada geese is 
closed. Possession limit is twice the daily bag limit.

Brant

    Season Dates: Open November 9, 2013, through January 31, 2014.
    Daily Bag and Possession Limits: 2 and 4, respectively.

Coots

    Season Dates: Open September 2, 2013, through January 31, 2014.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Mourning Doves

    Season Dates: Open September 2, 2013, through January 31, 2014.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

    Season Dates: Open September 1, 2013, through March 9, 2014.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-tailed Pigeons

    Season Dates: Open September 2, 2013, through March 9, 2014.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
    General: Tribal members must possess a tribal hunting permit from 
the Point No Point Tribal Council pursuant to tribal law. Hunting hours 
are from one-half hour before sunrise to sunset. Hunters must observe 
all other basic Federal migratory bird hunting regulations in 50 CFR 
part 20.
    (r) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie, 
Michigan (Tribal Members Only).

Mourning Doves

    Season Dates: Open September 1 through November 14, 2013.
    Daily Bag Limit: 10 doves.

Ducks

    Season Dates: Open September 15 through December 31, 2013.
    Daily Bag Limits: 20, including no more than 10 mallards (only 5 of 
which may be hens), 5 canvasbacks, 5 black ducks, and 5 wood ducks.

Mergansers

    Season Dates: Open September 15 through December 31, 2013.
    Daily Bag Limit: 10.

Geese

    Season Dates: Open September 1 through December 31, 2013.
    Daily Bag Limit: 20 geese.

Coots and Gallinule

    Season Dates: Open September 1 through December 31, 2013.
    Daily Bag Limit: 20 in the aggregate.

Woodcock

    Season Dates: Open September 2 through December 1, 2013.
    Daily Bag Limits: 10.

Common Snipe

    Season Dates: Open September 15 through December 31, 2013.
    Daily Bag Limits: 16 snipe.

Sora and Virginia Rails

    Season Dates: Open September 1 through December 31, 2013.
    Daily Bag Limits: 20 rails in the aggregate.
    General: Possession limits are twice the daily bag limits except 
for rails, of which the possession limit equals the

[[Page 53228]]

daily bag limit (20). Tribal members must possess a tribal hunting 
permit from the Sault Ste. Marie Tribe pursuant to tribal law. Shooting 
hours are one-half hour before sunrise until one-half hour after 
sunset. Hunters must observe all other basic Federal migratory bird 
hunting regulations in 50 CFR part 20.
    (s) [Reserved]
    (t) Skokomish Tribe, Shelton, Washington (Tribal Members Only).

Ducks

    Season Dates: Open September 16, 2013, through February 28, 2014.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, one harlequin per 
season, and two redheads. Possession limit is twice the daily bag limit 
(except for harlequin).

Geese

    Season Dates: Open September 16, 2013, through February 28, 2014.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The season on Aleutian Canada geese is 
closed. Possession limit is twice the daily bag limit.

Brant

    Season Dates: Open November 1, 2013, through February 15, 2014.
    Daily Bag and Possession Limits: Two and four brant, respectively.

Coots

    Season Dates: Open September 16, 2013, through February 28, 2014.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Mourning Doves

    Season Dates: Open September 16, 2013, through February 28, 2014.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

    Season Dates: Open September 16, 2013, through February 28, 2014.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-tailed Pigeons

    Season Dates: Open September 16, 2013, through February 28, 2014.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
    General Conditions: All hunters authorized to hunt migratory birds 
on the reservation must obtain a tribal hunting permit from the 
respective Tribe. Hunters are also required to adhere to a number of 
special regulations available at the tribal office. Hunters must 
observe all other basic Federal migratory bird hunting regulations in 
50 CFR part 20.
    (u) Spokane Tribe of Indians, Spokane Indian Reservation and Ceded 
Lands, Wellpinit, Washington (Tribal Members Only).

Ducks

    Season Dates: Open September 2, 2013, through January 31, 2014.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, one canvasback, three scaup, and 
two redheads. Possession limit is twice the daily bag limit.

Geese

    Season Dates: Open September 2, 2013, through January 31, 2014.
    Daily Bag and Possession Limits: Four dark geese and six light 
geese. Possession limit is twice the daily bag limit.
    General Conditions: All tribal hunters must have a valid Tribal 
identification card on his or her person while hunting. Shooting hours 
are one-half hour before sunrise to sunset, and steel shot is required 
for all migratory bird hunting. Hunters must observe all other basic 
Federal migratory bird hunting regulations in 50 CFR part 20.
    (v) [Reserved]
    (w) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal 
Members Only).

Band-tailed Pigeons

    Season Dates: Open September 1 through October 31, 2013.
    Daily Bag and Possession Limits: Four and eight, respectively.

Mourning Doves

    Season Dates: Open September 1 through October 31, 2013.
    Daily Bag and Possession Limits: 10 and 20, respectively.
    Tribal members hunting on lands will observe all basic Federal 
migratory bird hunting regulations found in 50 CFR part 20, which will 
be enforced by the Stillaguamish Tribal Law Enforcement. Tribal members 
are required to use steel shot or a nontoxic shot as required by 
Federal regulations.
    (x) [Reserved]
    (y) The Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington (Tribal Members Only).

Ducks and Mergansers

    Season Dates: Open September 4, 2013, through February 29, 2014.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, one canvasback, three scaup, and 
two redheads. Possession limit is twice the daily bag limit.

Geese

    Season Dates: Open September 4, 2013, through February 29, 2014.
    Daily Bag and Possession Limits: Seven geese. Possession limit is 
twice the daily bag limit.

Brant

    Season Dates: Open September 4, 2013, through February 29, 2014.
    Daily Bag and Possession Limits: Two and four brant, respectively.

Coots

    Season Dates: Open September 4, 2013, through February 29, 2014.
    Daily Bag and Possession Limits: 25 and 25 coots, respectively.

Snipe

    Season Dates: Open September 4, 2013, through February 29, 2014.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
    General Conditions: All tribal hunters must have a valid Tribal 
identification card on his or her person while hunting. All nontribal 
hunters must obtain and possess while hunting a valid Tulalip Tribe 
hunting permit and be accompanied by a Tulalip Tribal member. Shooting 
hours are one-half hour before sunrise to sunset, and steel shot is 
required for all migratory bird hunting. Hunters must observe all other 
basic Federal migratory bird hunting regulations in 50 CFR part 20.
    (z) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
Members Only).

Mourning Doves

    Season Dates: Open September 1 through December 31, 2013.
    Daily Bag and Possession Limits: 12 and 15 mourning doves, 
respectively.
    Tribal members must have the tribal identification and harvest 
report card on their person to hunt. Tribal members hunting on the 
Reservation will observe all basic Federal migratory bird hunting 
regulations found in 50 CFR part 20, except shooting hours would be 
one-half hour before official sunrise to one-half hour after official 
sunset.
    (aa) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal 
Members Only).

Canada Geese

    Season Dates: Open September 4 through 21, 2013, and open October 
28, 2013, through February 22, 2014.
    Daily Bag Limits: Eight Canada geese.

[[Page 53229]]

Snow Geese

    Season Dates: Open September 4 through 21, 2013, and open November 
25, 2013, through February 22, 2014.
    Daily Bag Limits: 15 snow geese.

Sora and Virginia Rails

    Season Dates: Open September 2 through November 10, 2013.
    Daily Bag Limits: 5 sora and 10 Virginia Rails.

Snipe

    Season Dates: Open September 2 through December 16, 2013.
    Daily Bag Limits: Eight snipe.
    General Conditions: Shooting hours are one-half hour before sunrise 
to sunset. Nontoxic shot is required. All other basic Federal migratory 
bird hunting regulations contained in 50 CFR part 20 will be observed.
    (bb) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal 
Members Only).

Ducks

    Season Dates: Open September 14 through December 15, 2013.
    Daily Bag Limit for Ducks: 10 ducks, including no more than 2 
female mallards, 1 pintail, and 1 canvasback.

Mergansers

    Season Dates: Open September 14 through December 15, 2013.
    Daily Bag Limit for Mergansers: Five mergansers, including no more 
than two hooded mergansers.

Geese

    Season Dates: Open September 1 through December 15, 2013.
    Daily Bag Limit: Eight geese through September 20 and five 
thereafter.

Coots

    Season Dates: Open September 1 through November 30, 2013.
    Daily Bag Limit: 20 coots.

Sora and Virginia Rails

    Season Dates: Open September 1 through November 30, 2013.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.

Common Snipe and Woodcock

    Season Dates: Open September 1 through November 30, 2013.
    Daily Bag Limit: 10 snipe and 10 woodcock.

Mourning Doves

    Season Dates: Open September 1 through November 30, 2013.
    Daily Bag Limit: 25 doves.
    General Conditions: Shooting hours are one-half hour before sunrise 
to one-half hour after sunset. Nontoxic shot is required. All other 
basic Federal migratory bird hunting regulations contained in 50 CFR 
part 20 will be observed.
    (cc) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters).

Band-tailed Pigeons (Wildlife Management Unit 10 and areas south of Y-
70 and Y-10 in Wildlife Management Unit 7, only)

    Season Dates: Open September 1 through 15, 2013.
    Daily Bag and Possession Limits: Three and six pigeons, 
respectively.

Mourning Doves (Wildlife Management Unit 10 and areas south of Y-70 and 
Y-10 in Wildlife Management Unit 7, only)

    Season Dates: Open September 1 through 15, 2013.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: All nontribal hunters hunting band-tailed 
pigeons and mourning doves on Reservation lands shall have in their 
possession a valid White Mountain Apache Daily or Yearly Small Game 
Permit. In addition to a small game permit, all nontribal hunters 
hunting band-tailed pigeons must have in their possession a White 
Mountain Special Band-tailed Pigeon Permit. Other special regulations 
established by the White Mountain Apache Tribe apply on the 
reservation. Tribal and nontribal hunters will comply with all basic 
Federal migratory bird hunting regulations in 50 CFR Part 20 regarding 
shooting hours and manner of taking.
    (dd) [Reserved]

    Dated: August 19, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-20981 Filed 8-27-13; 8:45 am]
BILLING CODE 4310-55-P