[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62404-62418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21739]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-HQ-MB-2015-0034; FF09M21200-167-FXMB1231099BPP0]
RIN 1018-BA70


Migratory Bird Hunting; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2016-17 
Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

DATES: This rule takes effect on September 9, 2016.

ADDRESSES: You may inspect comments received on the special hunting 
regulations and Tribal proposals during normal business hours at U.S. 
Fish and Wildlife Headquarters, 5275 Leesburg Pike, Falls Church, VA 
22041-3803, or at http://www.regulations.gov at Docket No. FWS-HQ-MB-
2015-0034.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife 
Service, Department of the Interior, MS: MB, 5275 Leesburg Pike, Falls 
Church, VA 22041-3803; (703) 358-1967.

SUPPLEMENTARY INFORMATION:

Background

    The Migratory Bird Treaty Act of July 3, 1918 (16 U.S.C. 703 et 
seq.), authorizes and directs the Secretary of the Department of the 
Interior, having due regard for the zones of temperature and for the 
distribution, abundance, economic value, breeding habits, and times and 
lines of flight of migratory game birds, to determine when, to what 
extent, and by what means such birds or any part, nest, or egg thereof 
may be taken, hunted, captured, killed, possessed, sold, purchased, 
shipped, carried, exported, or transported.
    In the May 27, 2016, Federal Register (81 FR 34226), we proposed 
special migratory bird hunting regulations for the 2016-17 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

[[Page 62405]]

daily bag and possession limits. In all cases, the regulations 
established under the guidelines must be consistent with the March 10-
September 1 closed season mandated by the 1916 Migratory Bird Treaty 
with Canada.
    In the August 6, 2015, Federal Register (80 FR 47388), we requested 
that tribes desiring special hunting regulations in the 2016-17 hunting 
season submit a proposal including details on:
    (1) Harvest anticipated under the requested regulations;
    (2) Methods that would be employed to measure or monitor harvest 
(such as bag checks, mail questionnaires, etc.);
    (3) Steps that would be taken to limit level of harvest, where it 
could be shown that failure to limit such harvest would adversely 
impact the migratory bird resource; and
    (4) Tribal capabilities to establish and enforce migratory bird 
hunting regulations.
    No action is required if a tribe wishes to observe the hunting 
regulations established by the State(s) in which an Indian reservation 
is located. We have successfully used the guidelines since the 1985-86 
hunting season. We finalized the guidelines beginning with the 1988-89 
hunting season (August 18, 1988, Federal Register [53 FR 31612]).
    The final rule described here is the final in the series of 
proposed and final rulemaking documents for Migratory Bird Hunting 
Regulations on Certain Federal Indian Reservations and Ceded Lands for 
the 2016-17 Season. It sets hunting seasons, hours, areas, and limits 
for migratory game bird species on reservations and ceded territories. 
This final rule is the culmination of the rulemaking process for the 
Tribal migratory game bird hunting seasons, which started with the 
August 6, 2015, proposed rule. As discussed elsewhere in this document, 
we proposed special migratory bird hunting regulations for the 2016-17 
hunting season for certain Indian tribes, on May 27, 2016. This final 
rule sets the Migratory Bird Hunting Regulations on Certain Federal 
Indian Reservations and Ceded Lands for the 2016-17 Season.

Status of Populations

    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, was discussed in the 
December 11, 2015, Federal Register (80 FR 77088) and 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 2016-17 migratory bird hunting season, we proposed 
regulations for 23 Tribes or Indian groups that followed the 1985 
guidelines and were considered appropriate for final rulemaking. We 
noted in the May 27 proposed rule that we were proposing seasons for 
seven Tribes who have submitted proposals in past years but from whom 
we had not yet received proposals this year. We did not receive 
proposals from five of those Tribes and, therefore, have not included 
them in this final rule. No other changes were made to this final rule.
    The comment period for the May 27 proposed rule closed on June 27, 
2016. We received nine comments on our May 27 proposed rule, which 
announced proposed seasons for migratory bird hunting by American 
Indian Tribes. Similar comments were combined below.
    Written Comments: The Village of Hobart requested we explore 
Wisconsin Department of Natural Resource (WIDNR) guidelines for hunting 
and fishing, and consider the following: (1) Cease our Migratory Bird 
Program as an unnecessary and costly replication of State hunting and 
fishing guidelines; and/or (2) rescind section (p) of the proposed rule 
specific to the Oneida Nation where their tribal lands are 
significantly less than 10 percent of the municipal boundary. The 
Village also expressed concern that during the hunting season tribal 
members could potentially trespass on land in the Village or on/around 
the Austin Straubel Airport.
    Service Response: We have approved of Oneida Nation's proposed 
regulations, or regulations similar to those proposed, since 1991. To 
our knowledge, this is only the second time that the Village has 
opposed these special migratory bird hunting regulations. Also, to our 
knowledge, there have been no indications of conflicts (e.g., arrests 
for trespass, etc.) on these lands during Oneida Nation's hunting 
season since their inception in 1991. Similarly, we note that the 
Airport property is a fenced and secured facility so potential conflict 
is unlikely. Lastly, we disagree with the Village's assertions that the 
Oneida Reservation has been disestablished or diminished. Our position 
is consistent with the Department calling an election for the Oneida 
Nation under Section 18 of the Indian Reorganization Act (``IRA'') and 
the Department's subsequent approval of its constitution under the IRA 
in 1936. Most recently in May 2016, the Department's Interior Board of 
Indian Appeals (IBIA) reaffirmed its earlier ruling that the Oneida 
Nation was organized in accordance with the IRA. Dillenburg v. Midwest 
Regional Director, Bureau of Indian Affairs,63 IBIA 56, (2016); see 
also, Village of Hobart v. Acting Midwest Regional Director,57 IBIA 4, 
(2013). For these reasons, we have decided to finalize Oneida's 
regulations as proposed. We encourage both the Village and Oneida to 
meet with us before special tribal regulations for the 2017-18 season 
are proposed in early 2017 if they still have questions related to the 
status of Oneida reservation and treaty rights; and to address any 
perceived conflicts with Oneida's hunting activity.
    Written Comments: We received one comment from the Great Lakes 
Indian Fish and Wildlife Commission (GLIFWC) on the May 27 proposed 
rule. GLIFWC comments that we have maintained that confusion on the 
part of the public, law enforcement, and other reasons justify our 
denial of the tribes' proposal to use electronic calls to hunt 
migratory birds, and GLIFWC contends that the courts have ruled that 
tribal treaty rights can be limited only when and if they can be shown 
to be detrimental to the conservation of natural resources or represent 
a threat to human health and safety. GLIFWC believes that, contrary to 
case law, we continue to apply inappropriate constraints and an 
unfounded rationale in our consideration of the tribes' proposal. GLFWC 
gives specific examples of this from the commentary in the proposed 
rule, which included:
     In the discussion regarding the proposed use of electronic 
calls, we state, ``we do not believe that allowing the use of 
electronic calls . . . is in the best interest of the conservation of 
migratory birds.'' This statement is made without providing any 
evidence of the negative impacts to migratory bird resource that might 
be caused by the highly limited application of this technique that the 
tribes proposed.
     We also state that electronic calls ``are not generally 
considered a legitimate component of hunting.'' This is a cultural 
statement made through a lens that views the harvest of migratory birds 
as a sport activity. It has no place in the evaluation of tribal 
subsistence regulations (as ``legitimacy'' is an ethical consideration 
that is not consistent with biological impact), and this language 
continues to be offensive to the tribes.
     We also state that we remain very concerned that the use 
of electronic calls would ``lead to confusion on the

[[Page 62406]]

part of the public, wildlife management agencies, and law enforcement 
officials.'' Again, no evidence is provided to support this concern 
(and the fact that a wide range of tribal harvesting regulations have 
differed from those for State hunters for decades without ``confusion'' 
is overlooked). It also disregards the case law on treaty rights that 
``confusion'' is not a valid reason to restrict the treaty-rights 
exercise, even if it should exist.
    GLFWC also believes the proposed rule falls short of meeting the 
Service's responsibility to the tribes in other ways as well. For 
example, we state that the Service ``continue[s] to be concerned about 
the large biological uncertainty surrounding any widespread use of 
electronic calls,'' and yet rejected a very limited experimental 
application of electronic calls that could provide the very evidence 
needed to reduce that uncertainty. No acceptable alternative to the 
tribes' proposal was suggested. The Service indicated that 
``discussions are ongoing'' with the tribes over various management 
issues; however, the Service made no effort to engage in government-to-
government consultation with the tribes about the season proposal 
before publishing the proposed rule. Lack of government-to-government 
consultation on a regulation directly affecting tribal interests 
constitutes an agency action contravening Executive Order 13175, a 
memorandum to Federal agencies by President Obama reaffirming Executive 
Order 13175, and official policy of the Department of the Interior and 
the Service, and is contrary to the 2011 Service Tribal Consultation 
Handbook.
    Notably, the Service rejected provisions regarding baiting, 
trapping, and hunting at night without providing any discussion, any 
evidence of biological or safety impacts, or making any effort to 
consult with the tribes on these issues--despite the recent ruling by 
the Seventh Circuit in the Lac Courte Oreille case and the above-
mentioned Executive Order and department- and agency-level policies.
    GLIFWC requests that we issue a final rule that approves the 
tribes' original proposal for migratory bird harvesting in the 1837 and 
1842 ceded territories. If we have legitimate natural resource, or 
public health or safety, concerns about the tribes' proposal, the 
tribes would welcome the opportunity to discuss those concerns in 
greater detail. However, as described above, GLIFWC asserts that the 
justification provided in the proposed rule does not appear to support 
a denial of the tribes' proposal.
    Service Response: The GLIFWC 2016-17 proposal has one specific 
proposed change from regulations approved last season: in the 1837 and 
1842 Treaty Areas, the GLIFWC proposal would allow the use of 
electronic calls. GLIFWC's proposal also mentions developing 
regulations to allow for the night hunting and baiting of waterfowl, 
and the trapping of migratory birds. However, no specificity or 
development timetable is contained in their proposal. Thus, we will 
largely defer our response to those latter items until the appropriate 
time. However, we hope to continue discussions with GLIFWC in the near 
future on these important issues.
    GLIFWC states that the specific 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 1,650 ducks, 375 
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. GLIFWC 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, 2007-08, 2011, 
and 2012) indicate that tribal off-reservation waterfowl harvest has 
averaged fewer than 1,100 ducks and 250 geese annually. Two sandhill 
cranes were reported harvested in each of the first three tribal crane 
seasons (2014-16). In the latest survey year for which we have specific 
results (2012), an estimated 86 hunters took an estimated 1,090 trips 
and harvested 1,799 ducks (1.7 ducks per trip) and 822 geese. Analysis 
of hunter survey data over 1996-2012 indicates a general downward trend 
in both harvest and hunter participation. We note that GLIFWC also 
mentions a 2015 hunter survey that has not yet been completed.
    GLIFWC cites United States v. Bresette (D.Minn. 1991) and Lac 
Courte Oreilles Band of Lake Superior Chippewa Indians v. Wisconsin 
(7th Cir. 2014) as cases that the Migratory Bird Treaty Act (MBTA) does 
not abrogate their treaty rights, and that the Service should permit 
the use of electronic calls, baiting, night hunting, and trapping as 
they have either specifically proposed this year (electronic calls) or 
have proposed developing regulations allowing for future implementation 
(baiting, night hunting, and trapping). While we agree that the MBTA 
does not abrogate the tribe's treaty rights, we disagree with GLIFWC's 
conclusion that the tribe is therefore entitled to use electronic 
calls, baiting, night hunting, and trapping. We still retain the 
authority to reasonably regulate the manner of take for migratory bird 
hunting on ceded lands. For example, the Bresette case involved a 
defense to a criminal prosecution and did not address the issue of the 
manner in which tribal members were permitted to take birds.
    Similarly in the Lac Courte Oreilles case, the 7th Circuit required 
the State of Wisconsin to justify its rationale for safety concerns 
prohibiting the night hunting of deer when other surrounding States 
allowed for deer night hunting. We believe this case is distinguishable 
in that no night waterfowl hunting is currently allowed anywhere, nor 
has it ever been allowed in the past. Further, night deer hunting uses 
spotlights that enable hunters to specifically identify intended 
targets. Waterfowl are much smaller targets than deer, and hunters 
should be required to reasonably identify their target to avoid the 
unintentional take of non-game species. Shooting at night makes target 
identification impractical and would significantly increase the 
potential take of non-game and other protected birds, including the 
potential take of threatened and endangered species.
    In addition to conservation concerns relating to the unintentional 
take of protected species, we have also continually cited significant 
safety concerns related to migratory bird hunting outside of the normal 
allowed shooting hours. Normally, shooting hours for migratory game 
birds are one-half hour before sunrise to sunset. Potential impacts to 
hunter safety, difficulty of identifying birds, retrieval of downed 
birds, and impacts on law enforcement are some of the concerns we have 
raised when discussing potential expansions of shooting hours. In 2012, 
in deference to tribal traditions and in the interest of cooperation, 
and in spite of our previously identified concerns regarding species 
identification, 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). However, we stated in 2014 (79 FR 52226, September 3, 
2014) that any further

[[Page 62407]]

extension of shooting hours on either the front end or the back end of 
the day would be contrary to public safety and would only heighten our 
previously identified safety and conservation concerns. We are unaware 
of any other migratory bird hunting that occurs more than 30 minutes 
after sunset. Thus, we conclude that for safety and conservation 
concerns, it is appropriate for us to deny GLIFWC's proposed request to 
develop regulations allowing the night hunting of waterfowl.
    Regarding GLIWFC's request to develop regulations allowing the 
baiting of waterfowl and the trapping of migratory birds, as we noted 
above, the lack of specificity or a development timetable in their 
proposal makes this request difficult to adequately respond to at this 
time. We do not believe that a large-scale discussion of the merits and 
practicality, or lack thereof, of such practices is appropriate at this 
time, but would rather have further discussions with GLIFWC on these 
issues. Thus, we will defer our response to these items until such 
appropriate time. Further discussion on allowing the use of electronic 
calls is contained below.

Allowing Electronic Calls

    As we have stated the last 5 years (76 FR 54676, September 1, 2011; 
77 FR 54451, September 5, 2012; 78 FR 53218, August 28, 2013; 79 FR 
52226, September 3, 2014; 80 FR 52663, September 1, 2015), 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 take of these species 
due to serious population overabundance, habitat degradation due to 
high populations, depredation issues, or public health and safety 
issues, or a combination of these.
    In our previous responses on this issue, we discussed available 
information from the use of electronic calls during the special light-
goose seasons its applicability to most waterfowl species. We have also 
provided information to GLIWFC regarding the availability of using 
electronic calls for resident Canada geese in early-September or during 
special light-goose seasons when all other waterfowl seasons are 
closed. To our knowledge, GLIFWC members have not utilized electronic 
calls during either the special light-goose season or the early-
September resident Canada goose season. We note that these 
opportunities would seem to provide a perfect opportunity to gauge not 
only hunter interest and participation, but the effectiveness of the 
methodology.
    Further, given available evidence on the effectiveness of 
electronic calls, we continue to be concerned about the large 
biological uncertainty surrounding any widespread use of electronic 
calls. The Treaty areas of Michigan, Minnesota, and Wisconsin covered 
by GLIWFC's proposal are a large area subject to widely varying degrees 
of hunting pressure. These factors logically lead us to a large degree 
of uncertainty surrounding any widespread use of electronic calls in 
such an area.
    Additionally, we remained concerned that tribal waterfowl hunting 
covered by GLIFWC's proposal would occur on ceded lands that are not in 
the ownership of the Tribes. We continue to believe that the use of 
electronic calls to take waterfowl would likely lead to significantly 
increased 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.
    Lastly, and perhaps most importantly, GLIFWC has repeatedly stated 
that tribal hunter participation is low, and that the proposals for 
electronic calls are intended to increase migratory bird hunting 
participation and harvest by tribal members. While we also have 
concerns over hunter-participation numbers and a common desire to 
increase hunter recruitment and retention of not only tribal hunters 
but migratory bird sport hunters, GLIFWC has not defined these goals 
nor presented any evidence that their proposals would help achieve this 
intended goal. Further, GLIWFC has provided no evidence or data that 
tribal migratory bird hunting has increased because of recently 
proposed and implemented harvest liberalizations over the past few 
years (increased bag limits; removal of species restrictions; increased 
shooting hours; longer seasons; implementation of tundra swan, sandhill 
crane, and dove seasons; removal of possession limits; and removal of 
shot-shell limits); nor any evidence that the cause of low tribal 
hunter interest in hunting migratory birds is due to restrictive 
harvest regulations. Likewise, GLIFWC has not shown that they have 
utilized electronic calls for existing goose seasons where they may be 
used (discussed above) in an effort to increase hunter interest, 
participation, and harvest.
    Many State and Federal wildlife agencies, as well as other 
nongovernmental organizations, have devoted considerable resources to 
the topic of hunter recruitment and retention. However, the most recent 
research indicates that changes in hunting regulations are not very 
effective in recruiting hunters. Thus, given this research information 
and the lack of evidence that GLIFWC's proposals will help achieve 
their stated objective, we cannot justify the acceptance of the 
inherent risks to migratory bird conservation associated with this 
proposal at this time. However, we would be glad to review any data or 
information GLIWFC may have that would help address these concerns and 
we would welcome opportunities to work with GLIFWC on our common desire 
to increase hunter recruitment and retention.
    Notwithstanding our concerns, we understand GLIFWC's position on 
this issue, their desire to increase tribal hunter opportunity, 
harvest, and participation, and the importance that GLIFWC has ascribed 
to these issues. In our recent discussions with them over the past year 
or more, they have expressed a willingness to work with us to further 
discuss these issues, all the uncertainties and difficulties 
surrounding them, and the overall Federal-Tribal process for addressing 
these and other such issues. As a first step in this process, we have 
begun work on a memorandum of

[[Page 62408]]

understanding that further defines and clarifies the overall process, 
the administrative roles and responsibilities, and the communications 
process between us. However, this process is only the first step and we 
are not yet at a point in these discussions that would allow our 
approval of this proposal, or any such proposal. Further, it would be 
premature at this time to approve such a measure, or any such measure, 
until we finalize the Federal-Tribal process, roles, and 
responsibilities for addressing this and other such issues. It is our 
hope that over the next year, we can continue these discussions. We 
remain hopeful that we can reach a mutually agreeable resolution.
    Thus, at this time, removal of the electronic-call prohibition, 
even with the GLIFWC's proposed limited and experimental design, would 
be inconsistent with our long-standing conservation concerns, and we do 
not support allowing the use of electronic calls in the 1837 and 1842 
Treaty Areas for any open waterfowl season
    Written Comments: The Wisconsin Department of Natural Resources 
(WIDNR) and the Mississippi Flyway Council (MFC) expressed opposition 
to GLIFWC's proposal allowing the use of electronic calls, night 
hunting and baiting for waterfowl, and the trapping of migratory birds. 
Both expressed continued concerns about the potential negative impacts 
to local waterbird populations, the increased potential for take of 
nongame species, the incompatibility with Federal and State waterfowl 
management, public safety, potential user conflicts, law-enforcement 
problems, and the potential to place non-tribal hunters in violation of 
migratory game bird hunting regulations. Both further questioned 
GLIFWC's justification for proposed additional hunting methods to 
achieve an objective of increased migratory-bird-hunting participation 
by tribal members in the absence of evidence. However, the MFC welcomed 
opportunities to work with GLIFWC on their common desire to increase 
hunter recruitment and retention.
    Service Response: We agree with the MFC and the WIDNR about 
continuing concerns over declining hunter participation and our common 
desire to increase hunter recruitment and retention of not only tribal 
hunters but migratory bird sport hunters. Many State and Federal 
wildlife agencies, as well as other nongovernmental organizations, have 
devoted considerable resources to this topic. However, we agree with 
the MFC that the most recent research indicates that changes in hunting 
regulations are not very effective in recruiting hunters.
    As we stated earlier, GLIFWC has repeatedly stated that tribal 
participation is low, but presents no evidence that tribal migratory 
bird hunting has increased because of recent liberalizations over the 
past few years, nor that tribal members have stated that restrictive 
regulations are the cause of low tribal hunter interest in hunting 
migratory birds. Given the lack of evidence that GLIFWC's proposals 
will help achieve their stated objective, we agree that there is no 
justification to accept the inherent risks to migratory bird 
conservation and public safety associated with GLIFWC's proposals. 
However, like the MFC, we would welcome opportunities to work with 
GLIFWC on our common desire to increase hunter recruitment and 
retention.
    Written Comments: Three commenters protested the entire migratory 
bird hunting regulations process, the killing of all migratory birds, 
and the status and habitat data on which the migratory bird hunting 
regulations are based. Two commenters believed certain migratory bird 
species such as sandhill cranes, woodcock, and mourning doves should 
not ever be hunted.
    Service Response: Our long-term objectives continue to include 
providing opportunities to harvest portions of certain migratory game 
bird populations and to limit harvests to levels compatible with each 
population's ability to maintain healthy, viable numbers. Further, 
there exists a long history of establishing hunting seasons for 
migratory game bird species such as waterfowl, cranes, woodcock, doves, 
and migratory shore and upland game birds. Tribes, such as those 
included in this final rule, have hunted these species before and since 
the inception of our establishment of migratory game bird hunting 
seasons. These seasons are culturally important to them, and applicable 
treaties allow for hunting of these species.
    Having taken into account the zones of temperature and the 
distribution, abundance, economic value, breeding habits, and times and 
lines of flight of migratory game birds, we believe that the hunting 
seasons provided for herein are compatible with the current status of 
migratory bird populations and long-term population goals. 
Additionally, we are obligated to, and do, give serious consideration 
to all information received as public comment. We continue to believe 
that the current Flyway-Council system of migratory bird management is 
one of the most longstanding, successful examples of State-Federal 
cooperative management since its establishment in 1952. Likewise, the 
establishment of special tribal migratory bird hunting regulations has 
been a successful Federal-Tribal partnership since 1988. However, as 
always, we continue to seek new ways to improve the process.

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 2016-
17,'' with its corresponding January 2016 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 person indicated 
under the caption FOR FURTHER INFORMATION CONTACT.

Endangered Species Act Consideration

    Section 7 of the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531 et seq.), provides that, ``The Secretary shall review other 
programs administered by him and utilize such programs in furtherance 
of the purposes of this Act'' (and) shall ``insure that any action 
authorized, funded, or carried out * * * is not likely to jeopardize 
the continued existence of any endangered species or threatened species 
or result in the destruction or adverse modification of [critical] 
habitat. * * *.'' Consequently, we conducted formal consultations to 
ensure that actions resulting from these regulations would not likely 
jeopardize the continued existence of endangered or threatened species 
or result in the destruction or adverse modification of their critical 
habitat. Findings from these consultations are included in a biological 
opinion, which concluded that the regulations are not likely to 
jeopardize the continued existence of

[[Page 62409]]

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 updated economic analysis was prepared for the 2013-14 season. 
This analysis was based on data from the newly released 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 were: (1) Issue restrictive regulations 
allowing fewer days than those issued during the 2012-13 season, (2) 
issue moderate regulations allowing more days than those in alternative 
1, and (3) issue liberal regulations identical to the regulations in 
the 2012-13 season. For the 2013-14 season, we chose Alternative 3, 
with an estimated consumer surplus across all flyways of $317.8-$416.8 
million. For the 2016-17 season, we have also chosen alternative 3. We 
also chose alternative 3 for the 2009-10, the 2010-11, the 2011-12, the 
2012-13, the 2014-15, and the 2015-16 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-2015-0034.

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 person 
listed under FOR FURTHER INFORMATION CONTACT, from our Web site at 
http://www.fws.gov/migratorybirds, or at http://www.regulations.gov at 
Docket No. FWS-HQ-MB-2015-0034.

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 Office of Management and Budget (OMB) control number. 
OMB has reviewed and approved the information collection requirements 
associated with migratory bird surveys and assigned the following OMB 
control numbers:
     1018-0019--North American Woodcock Singing Ground Survey 
(expires 5/31/2018).
     1018-0023--Migratory Bird Surveys (expires 6/30/2017). 
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, reduces 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

[[Page 62410]]

determined that there are no effects on Indian trust resources. 
However, in the August 6, 2015, Federal Register (80 FR 47388), 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 2016-17 migratory bird hunting season. 
The resulting proposals were contained in a separate May 27, 2016, 
proposed rule (81 FR 34226). By virtue of these actions, we have 
consulted with affected Tribes.

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.

Regulation 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 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, Tribes 
would have insufficient time to publicize the necessary regulations and 
procedures to their hunters. We therefore find that ``good cause'' 
exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative 
Procedure Act, and this rule will, therefore, take effect immediately 
upon publication.
    Accordingly, with each participating Tribe having had an 
opportunity to participate in selecting the hunting seasons desired for 
its reservation or ceded territory on those species of migratory birds 
for which open seasons are now prescribed, and consideration having 
been given to all other relevant matters presented, certain sections of 
title 50, chapter I, subchapter B, part 20, subpart K, are hereby 
amended as set forth below.

List of Subjects in 50 CFR Part 20

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

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

PART 20--MIGRATORY BIRD HUNTING

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

    Authority:  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; Public Law 
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) [Reserved.]
    (b) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Tribal Members and Nontribal Hunters).

Tribal Members Only

Ducks (Including Mergansers)

    Season Dates: Open September 1, 2016, through March 9, 2017.
    Daily Bag and Possession Limits: The Tribe does not have specific 
bag and possession restrictions for Tribal members. The season on 
harlequin duck is closed.

Coots

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

Geese

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

Nontribal Hunters

Ducks (Including Mergansers)

    Season Dates: Open October 1, 2016, through January 8, 2017, and 
open January 14 through 18, 2017.

Scaup

    Season Dates: Open October 1 through December 25, 2016.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, three scaup (when open), two 
canvasback, and two redheads. The possession limit is three times the 
daily bag limit.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 and 25, respectively.

Geese

Dark Geese

    Season Dates: Open October 1, 2016, through January 8, 2017, and 
open January 14 through 18, 2017.
    Daily Bag and Possession Limits: 4 and 12, respectively.

Light Geese

    Season Dates: Same as for dark geese.
    Daily Bag and Possession Limits: 20 and 60, respectively.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations contained in 50 
CFR part 20 regarding manner of taking. In addition, shooting hours are 
one-half hour before sunrise to one-half hour after sunset, and each 
waterfowl hunter 16 years of age or older must carry on his/her person 
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) 
signed in ink across the stamp face. Special regulations established by 
the Confederated Salish and Kootenai Tribes also apply on the 
reservation.
    (c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
Minnesota (Tribal Members Only).

Ducks

1854 and 1837 Ceded Territories

    Season Dates: Begin September 10 and end November 30, 2016.
    Daily Bag Limit: 18 ducks, including no more than 12 mallards (only 
3 of

[[Page 62411]]

which may be hens), 9 black ducks, 9 scaup, 9 wood ducks, 9 redheads, 9 
pintails, and 9 canvasbacks.

Reservation

    Season Dates: Begin September 1 and end November 30, 2016.
    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 10 and end November 30, 2016.
    Daily Bag Limit: 15 mergansers, including no more than 6 hooded 
mergansers.

Reservation

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: 10 mergansers, including no more than 4 hooded 
mergansers.

Canada Geese

1854 and 1837 Ceded Territories

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: 20 geese.

Reservation

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: 20 geese.

Coots and Common Moorhens (Common Gallinules)

1854 and 1837 Ceded Territories

    Season Dates: Begin September 10 and end November 30, 2016.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.

Reservation

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.

Sandhill Cranes: 1854 and 1837 Ceded Territories

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: Two sandhill cranes. Crane carcass tags are 
required prior to hunting.

Sora and Virginia Rails

All Areas

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.

Common Snipe

All Areas

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: Eight common snipe.

Woodcock

All Areas

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: Three woodcock.

Mourning Doves

All Areas

    Season Dates: Begin September 1 and end November 30, 2016.
    Daily Bag Limit: 30 mourning doves.

General Conditions

    1. While hunting waterfowl, a tribal member must carry on his/her 
person a valid Ceded Territory License.
    2. Shooting hours for migratory birds are one-half hour before 
sunrise to one-half hour after sunset.
    3. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
provisions of Chapter 10 of the Model Off-Reservation Code. Except as 
modified by the Service rules adopted in response to this proposal, 
these amended regulations parallel Federal requirements in 50 CFR part 
20 as to hunting methods, transportation, sale, exportation, and other 
conditions generally applicable to migratory bird hunting.
    4. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    5. There are no possession limits for migratory birds. For purposes 
of enforcing bag limits, all migratory birds in the possession or 
custody of band members on ceded lands will be considered to have been 
taken on those lands unless tagged by a tribal or State conservation 
warden as having been taken on-reservation. All migratory birds that 
fall on reservation lands will not count as part of any off-reservation 
bag or possession limit.
    (d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons 
Bay, Michigan (Tribal Members Only).

Ducks

    Season Dates: Open September 1, 2016, through January 15, 2017.
    Daily Bag Limit: 25 ducks, which may include no more than 6 
pintail, 4 canvasback, 6 black ducks, 1 hooded merganser, 6 wood ducks, 
5 redheads, and 12 mallards (only 6 of which may be hens).

Canada and Snow Geese

    Season Dates: Open September 1, 2016, through January 31, 2017.
    Daily Bag Limit: 10 geese.

Other Geese (White-Fronted Geese and Brant)

    Season Dates: Open September 20 through December 30, 2016.
    Daily Bag Limit: Five geese.

Sora Rails, Common Snipe, and Woodcock

    Season Dates: Open September 1 through November 14, 2016.
    Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.

Mourning Doves

    Season Dates: Open September 1 through November 14, 2016.
    Daily Bag Limit: 10 mourning doves.

Sandhill Crane

    Season Dates: Open September 1 through November 14, 2016.
    Daily Bag Limit: Two sandhill crane, with a season limit of six.
    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 2016-17 waterfowl hunting season regulations apply to all 
treaty areas (except where noted):

Ducks

    Season Dates: Begin September 1 and end December 31, 2016.
    Daily Bag Limit: 50 ducks in the 1837 and 1842 Treaty Area; 30 
ducks in the 1836 Treaty Area.

Mergansers

    Season Dates: Begin September 1 and end December 31, 2016.
    Daily Bag Limit: 10 mergansers.

Geese

    Season Dates: Begin September 1 and end December 31, 2016. 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.

[[Page 62412]]

Other Migratory Birds

Coots and Common Moorhens (Common Gallinules)

    Season Dates: Begin September 1 and end December 31, 2016.
    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, 2016.
    Daily Bag and Possession Limits: 20, singly, or in the aggregate, 
25.

Common Snipe

    Season Dates: Begin September 1 and end December 31, 2016.
    Daily Bag Limit: 16 common snipe.

Woodcock

    Season Dates: Begin September 6 and end December 31, 2016.
    Daily Bag Limit: 10 woodcock.

Mourning Dove

1837 and 1842 Ceded Territories Only

    Season Dates: Begin September 1 and end November 29, 2016.
    Daily Bag Limit: 15 mourning doves.

Sandhill Cranes

1837 and 1842 Ceded Territories Only

    Season Dates: Begin September 1 and end December 31, 2016.
    Daily Bag Limit: 2 cranes.

Swans

1837 and 1842 Ceded Territories Only

    Season Dates: Begin November 1 and end December 31, 2016.
    Daily Bag Limit: 2 swans. All harvested swans must be registered by 
presenting the fully-feathered carcass to a tribal registration station 
or GLIFWC warden. If the total number of trumpeter swans harvested 
reaches 10, the swan season will be closed by emergency tribal rule.
General Conditions
    A. All tribal members are required to obtain a valid tribal 
waterfowl hunting permit.
    B. Except as otherwise noted, tribal members are required to comply 
with tribal codes that are no less restrictive than the model ceded 
territory conservation codes approved by Federal courts in the Lac 
Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs Band v. 
State of Minnesota cases. Chapter 10 in each of these model codes 
regulates ceded territory migratory bird hunting. Both versions of 
Chapter 10 parallel Federal requirements as to hunting methods, 
transportation, sale, exportation, and other conditions generally 
applicable to migratory bird hunting. They also automatically 
incorporate by reference the Federal migratory bird regulations.
    C. Particular regulations of note include:
    1. Nontoxic shot is required for all waterfowl hunting by tribal 
members.
    2. Tribal members in each zone must comply with tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    3. There are no possession limits, with the exception of 2 swans 
(in the aggregate) and 25 rails (in the aggregate). For purposes of 
enforcing bag limits, all migratory birds in the possession and custody 
of tribal members on ceded lands are considered to have been taken on 
those lands unless tagged by a tribal or State conservation warden as 
taken on reservation lands. All migratory birds that fall on 
reservation lands do not count as part of any off-reservation bag or 
possession limit.
    4. 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. There are no shell limit restrictions.
    6. Hunting hours are from 30 minutes before sunrise to 30 minutes 
after sunset.
    (f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, 
New Mexico (Tribal Members and Nontribal Hunters).

Ducks (Including Mergansers)

    Season Dates: Open October 8 through November 30, 2016.
    Daily Bag and Possession Limits: The daily bag limit is seven, 
including no more than two hen mallards, two pintail, two redheads, two 
canvasback, and three scaup. The possession limit is three times the 
daily bag limit.

Canada Geese

    Season Dates: Open October 8 through November 30, 2016.
    Daily Bag and Possession Limits: Two and six, respectively.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or older must carry on his/her person 
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) 
signed in ink across the stamp face. Special regulations established by 
the Jicarilla Tribe also apply on the reservation.
    (g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Hunters).

Nontribal Hunters on Reservation

Geese

    Season Dates: Open September 10 through September 11, 2016; open 
September 17 through September 18, 2016; and open October 1, 2016, 
through January 20, 2017. During these 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 24, 2016, through January 8, 2017.

Scaup

    Season Dates: Open September 24, 2016, through December 18, 2017.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
female mallards, 2 pintail, 1 canvasback, 3 scaup (when open), and 2 
redheads. The possession limit is twice the daily bag limit.

Tribal Hunters Within Kalispel Ceded Lands

Ducks

    Season Dates: Open October 10, 2016, through January 31, 2017.
    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 10, 2016, through January 31, 2017.
    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).

[[Page 62413]]

Ducks

    Season Dates: Open September 17 through December 31, 2016.
    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, 2016.
    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 9, 2016, through January 22, 2017.
    Daily Bag Limits: 12 ducks, including no more than 6 mallards (2 of 
which may be hens), 3 black ducks, 3 redheads, 3 wood ducks, 2 pintail, 
1 hooded merganser, and 2 canvasback.

Canada Geese

    Season Dates: Open September 1, 2016, through February 5, 2017.
    Daily Bag Limit: Five.

White-fronted Geese, Brant, and Snow Geese

    Season Dates: Open September 7 through December 4, 2016.
    Daily Bag Limit: Five.

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

    Season Dates: Open September 1 through November 13, 2016.
    Daily Bag Limit: 5 woodcock and 10 each of the other species.
    General conditions are as follows:
    A. All tribal members will be required to obtain a valid tribal 
resource card and 2016-17 hunting license.
    B. Except as modified by the Service rules adopted in response to 
this proposal, these amended regulations parallel all Federal 
regulations contained in 50 CFR part 20. Shooting hours will be from 
one-half hour before sunrise to sunset.
    C. Particular regulations of note include:
    (1) Nontoxic shot will be required for all waterfowl hunting by 
tribal members.
    (2) Tribal members in each zone will comply with tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    D. Tribal members hunting in Michigan will comply with tribal codes 
that contain provisions parallel to Michigan law regarding duck blinds 
and decoys.
    E. Possession limits are twice the daily bag limits.
    (k) The Little Traverse Bay Bands of Odawa Indians, Petoskey, 
Michigan (Tribal Members Only).

Ducks

    Season Dates: Open September 1, 2016, through January 31, 2017.
    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, 2016, through January 31, 2017.
    Daily Bag Limits: 10 mergansers, including no more than 5 hooded 
mergansers.

Coots and Gallinules

    Season Dates: Open September 15 through December 31, 2016.
    Daily Bag Limit: 20.

Canada Geese

    Season Dates: Open September 1, 2016, through February 8, 2017.
    Daily Bag Limit: 20 in the aggregate.

Sora and Virginia Rails

    Season Dates: Open September 1 through December 31, 2016.
    Daily Bag Limit: 20.

Snipe

    Season Dates: Open September 1 through December 31, 2016.
    Daily Bag Limit: 16.

Mourning Doves

    Season Dates: Open September 1 through November 14, 2016.
    Daily Bag Limit: 15.

Woodcock

    Season Dates: Open September 1 through December 1, 2016.
    Daily Bag Limit: 10.

Sandhill Cranes

    Season Dates: Open September 1 through December 1, 2016.
    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, 2016, through March 10, 2017.
    Daily Bag and Possession Limits: Six ducks, including no more than 
two hen mallard and five mallards total, two pintail, two redheads, two 
canvasback, three wood ducks, three scaup, two bonus teal during the 
first 16 days of the season, and one mottled duck Coot daily bag limit 
is 15. Merganser daily bag limit is five, including no more than two 
hooded mergansers. The possession limit is three times the daily bag 
limit.

Canada Geese

    Season Dates: Open September 1, 2016, through March 10, 2017.
    Daily Bag and Possession Limits: 6 and 18, respectively.

White-Fronted Geese

    Season Dates: Open September 1, 2016, through March 10, 2017.
    Daily Bag and Possession Limits: Two and six, respectively.

Light Geese

    Season Dates: Open September 1, 2016, through March 10, 2017.
    Daily Bag Limit: 20.

Nontribal Hunters

Ducks (Including Mergansers and Coots)

    Season Dates: Open October 8, 2016, through January 12, 2017.
    Daily Bag and Possession Limits: Six ducks, including five mallards 
(no more of which can be two hen mallard), three scaup, two canvasback, 
two redheads, three wood ducks, one mottled duck, and 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 three times 
the daily bag limit.

Canada Geese

    Season Dates: Open October 29, 2016, through February 12, 2017.
    Daily Bag and Possession Limits: 6 and 18, respectively.

White-Fronted Geese

    Season Dates: Open October 29, 2016, through January 24, 2017.
    Daily Bag and Possession Limits: Two and six, respectively.

Light Geese

    Season Dates: Open October 29, 2016, through February 12, 2017.
    Daily Bag and Possession Limits: 50 and no possession limit.

[[Page 62414]]

    General Conditions: All hunters must comply with the basic Federal 
migratory bird hunting regulations in 50 CFR part 20, including the use 
of steel shot and shooting hours. Nontribal hunters must possess a 
validated Migratory Bird Hunting and Conservation Stamp. The Lower 
Brule Sioux Tribe has an official Conservation Code that hunters must 
adhere to when hunting in areas subject to control by the Tribe.
    (m) [Reserved.]
    (n) Makah Indian Tribe, Neah Bay, Washington (Tribal Members).

Band-Tailed Pigeons

    Season Dates: Open September 17 through October 23, 2016.
    Daily Bag Limit: Two band-tailed pigeons.

Ducks and Coots

    Season Dates: Open September 24, 2016, through January 29, 2017.
    Daily Bag Limit: Seven ducks including no more than five mallards 
(only two of which can be a hen), one redhead, one pintail, three 
scaup, and one canvasback. The seasons on wood duck and harlequin are 
closed. The coot daily bag limit is 25.

Geese

    Season Dates: Open September 24, 2016, through January 29, 2017.
    Daily Bag Limit: Four, including no more than one brant. The 
seasons on Aleutian and dusky Canada geese are closed.
General Conditions
    All other Federal regulations contained in 50 CFR part 20 apply. 
The following restrictions also apply:
    1. As per Makah Ordinance 44, only shotguns may be used to hunt any 
species of waterfowl. Additionally, shotguns must not be discharged 
within 0.25 miles of an occupied area.
    2. Hunters must be eligible, enrolled Makah tribal members and must 
carry their Indian Treaty Fishing and Hunting Identification Card while 
hunting. No tags or permits are required to hunt waterfowl.
    3. The Cape Flattery area is open to waterfowl hunting, except in 
designated wilderness areas, or within 1 mile of Cape Flattery Trail, 
or in any area that is closed to hunting by another ordinance or 
regulation.
    4. The use of live decoys and/or baiting to pursue any species of 
waterfowl is prohibited.
    5. Steel or bismuth shot only for waterfowl is allowed; the use of 
lead shot is prohibited.
    6. The use of dogs is permitted to hunt waterfowl.
    7. Shooting hours for all species of waterfowl are one-half hour 
before sunrise to sunset.
    8. Open hunting areas are: GMUs 601 (Hoko), a portion of the 602 
(Dickey) encompassing the area north of a line between Norwegian 
Memorial and east to Highway 101, and 603 (Pysht).
    (o) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona 
(Tribal Members and Nontribal Hunters).

Band-Tailed Pigeons

    Season Dates: Open September 1 through September 30, 2016.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.

Mourning Doves

    Season Dates: Open September 1 through September 30, 2016.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Ducks (Including Mergansers and Coots)

    Season Dates: Open September 24, 2016, through January 8, 2017.

Scaup

    Season Dates: Open September 24 through December 18, 2016.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one mottled duck, two canvasback, three scaup 
(when open), two redheads, and two pintail. Coot daily bag limit is 25. 
Merganser daily bag limit is seven. The possession limit is three times 
the daily bag limit.

Canada Geese

    Season Dates: Open September 24, 2016, through January 8, 2017.
    Daily Bag and Possession Limits: 4 and 12, respectively.
    General Conditions: Tribal and nontribal hunters will comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20, 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or over must carry on his/her person a 
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed 
in ink across the face. Special regulations established by the Navajo 
Nation also apply on the reservation.
    (p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
Members Only).

Ducks (Including Mergansers)

    Season Dates: Open September 17 through December 4, 2016.
    Daily Bag and Possession Limits: Six, including no more than six 
mallards (three hen mallards), six wood ducks, one redhead, two 
pintail, and one hooded merganser. The possession limit is twice the 
daily bag limit.

Geese

    Season Dates: Open September 1 through December 31, 2016.
    Daily Bag and Possession Limits: 5 Canada geese with a possession 
limit of 10. A seasonal quota of 500 birds is adopted. If the quota is 
reached before the season concludes, the season will be closed at that 
time.

Woodcock

    Season Dates: Open September 3 through November 6, 2016.
    Daily Bag and Possession Limits: Two and four woodcock, 
respectively.

Doves

    Season Dates: Open September 3 through November 6, 2016.
    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 1, 2016, through March 10, 2017.
    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 9, 2016, through March 10, 2017.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than

[[Page 62415]]

three light geese. The season on dusky Canada geese is closed. 
Possession limit is twice the daily bag limit.

Brant

    Season Dates: Open January 10 through January 25, 2017.
    Daily Bag and Possession Limits: Two and four, respectively.

Coots

    Season Dates: Open September 13, 2016, through February 1, 2017.
    Daily Bag and Possession Limits: 25 and 50 coots, respectively.

Mourning Doves

    Season Dates: Open September 13, 2016, through January 18, 2017.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

    Season Dates: Open September 13, 2016, through March 10, 2017.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-Tailed Pigeons

    Season Dates: Open September 13, 2016, through January 18, 2017.
    Daily Bag and Possession Limits: Two and four pigeons, 
respectively.

Port Gamble S'Klallam Tribe

Ducks

    Season Dates: Open September 1, 2016, through March 10, 2017.
    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 1, 2016, through March 10, 2017.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The season on dusky Canada geese is 
closed. Possession limit is twice the daily bag limit.

Brant

    Season Dates: Open November 9, 2016, through January 31, 2017.
    Daily Bag and Possession Limits: Two and four, respectively.

Coots

    Season Dates: Open September 1, 2016, through March 10, 2017.
    Daily Bag and Possession Limits: 7 and 14 coots, respectively.

Mourning Doves

    Season Dates: Open September 1, 2016, through January 31, 2017.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

    Season Dates: Open September 1, 2016, through March 10, 2017.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-Tailed Pigeons

    Season Dates: Open September 1, 2016, through March 10, 2017.
    Daily Bag and Possession Limits: Two and four pigeons, 
respectively.
    General: Tribal members must possess a tribal hunting permit from 
the Point No Point Tribal Council pursuant to tribal law. Hunting hours 
are from one-half hour before sunrise to sunset. Hunters must observe 
all other basic Federal migratory bird hunting regulations in 50 CFR 
part 20.
    (r) The Saginaw Chippewa Indian Tribe of Michigan, Isabella 
Reservation, Mt. Pleasant, Michigan (Tribal Members Only)

Mourning Doves

    Season Dates: Open September 1, 2016, through January 31, 2017.
    Daily Bag Limit: 25 doves.

Ducks

    Season Dates: Open September 1, 2016, through January 31, 2017.
    Daily Bag Limits: 20, including no more than 5 hen mallard, 5 wood 
duck, 5 black duck, 5 pintail, 5 redhead, 5 scaup, and 5 canvasback.

Mergansers

    Season Dates: Open September 1, 2016, through January 31, 2017.
    Daily Bag Limit: 10, including no more than 5 hooded mergansers.

Canada Geese

    Season Dates: Open September 1, 2016, through January 31, 2017.
    Daily Bag Limit: 20 in the aggregate.

Coots and Gallinule

    Season Dates: Open September 1, 2016, through January 31, 2017.
    Daily Bag Limit: 20 in the aggregate.

Woodcock

    Season Dates: Open September 1, 2016, through January 31, 2017.
    Daily Bag Limits: 10.

Common Snipe

    Season Dates: Open September 1, 2016, through January 31, 2017.
    Daily Bag Limits: 16.

Sora and Virginia Rails

    Season Dates: Open September 1, 2016, through January 31, 2017.
    Daily Bag Limits: 20 in the aggregate.

Sandhill Crane

    Season Dates: Open September 1, 2016, through January 31, 2017.
    Daily Bag Limits: One.
    General: Possession limits are twice the daily bag limits except 
for rails, of which the possession limit equals the daily bag limit 
(20). Tribal members must possess a tribal hunting permit from the 
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) Sault Ste. Marie Tribe of Chippewa Indians, Sault Ste. Marie, 
Michigan (Tribal Members Only).

Mourning Doves

    Season Dates: Open September 1 through November 14, 2016.
    Daily Bag Limit: 10 doves.

Teal

    Season Dates: Open September 1 through December 31, 2016.
    Daily Bag Limits: 20 in the aggregate

Ducks

    Season Dates: Open September 15 through December 31, 2016.
    Daily Bag Limits: 20, including no more than 10 mallards (only 5 of 
which may be hens), 5 canvasback, 5 black duck, and 5 wood duck.

Mergansers

    Season Dates: Open September 15 through December 31, 2016.
    Daily Bag Limit: 10 in the aggregate.

Geese

    Season Dates: Open September 1 through December 31, 2016.
    Daily Bag Limit: 20 in the aggregate.

Coots and Gallinule

    Season Dates: Open September 1 through December 31, 2016.
    Daily Bag Limit: 20 in the aggregate.

Woodcock

    Season Dates: Open September 2 through December 1, 2016.
    Daily Bag Limits: 10.

Common Snipe

    Season Dates: Open September 15 through December 31, 2016.
    Daily Bag Limits: 16.

Sora and Virginia Rails

    Season Dates: Open September 1 through December 31, 2016.

[[Page 62416]]

    Daily Bag Limits: 20 in the aggregate.
    General: Possession limits are twice the daily bag limits except 
for rails, of which the possession limit equals the daily bag limit 
(20). Tribal members must possess a tribal hunting permit from the 
Sault Ste. Marie Tribe pursuant to tribal law. Shooting hours are one-
half hour before sunrise until one-half hour after sunset. Hunters must 
observe all other basic Federal migratory bird hunting regulations in 
50 CFR part 20.
    (t) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort 
Hall, Idaho (Nontribal Hunters).

Ducks, Including Scaup

    Duck Season Dates: Open October 8, 2016, through January 20, 2017.
    Scaup Season Dates: Open October 8, 2016, through January 1, 2017.
    Daily Bag and Possession Limits: Seven ducks and mergansers, 
including no more than two hen mallards, two pintail, three scaup, two 
canvasback, and two redheads. The possession limit is three times the 
daily bag limit.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots. The possession limit is 
three times the daily bag limit.

Common Snipe

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 8 and 24 snipe, respectively.

Canada Geese

    Season Dates: Open October 8, 2016, through January 20, 2017.
    Daily Bag and Possession Limits: 4 and 12, respectively.

White-Fronted Geese

    Season Dates: Open October 8, 2016, through January 20, 2017.
    Daily Bag and Possession Limits: 10 and 30, respectively.

Light Geese

    Season Dates: Open October 8, 2016, through January 20, 2017.
    Daily Bag and Possession Limits: 20 and 60, respectively
    General Conditions: Nontribal hunters must comply with all basic 
Federal migratory bird hunting regulations in 50 CFR part 20 regarding 
shooting hours and manner of taking. In addition, each waterfowl hunter 
16 years of age or older must possess a valid Migratory Bird Hunting 
and Conservation Stamp (Duck Stamp) signed in ink across the stamp 
face. Other regulations established by the Shoshone-Bannock Tribes also 
apply on the reservation.
    (u) [Reserved.]
    (v) Spokane Tribe of Indians, Spokane Indian Reservation and Ceded 
Lands, Wellpinit, Washington (Tribal Members Only).

Ducks

    Season Dates: Open September 2, 2016, through January 31, 2017.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, two canvasback, three scaup, and 
two redheads. Possession limit is twice the daily bag limit.

Geese

    Season Dates: Open September 2, 2016, through January 31, 2017.
    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.
    (w) [Reserved.]
    (x) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal 
Members Only).

Common Snipe

    Season Dates: Open October 1, 2016, through January 31, 2017.
    Daily Bag and Possession Limits: 10 and 30, respectively.

Ducks

    Season Dates: Open October 1, 2016, through March 10, 2017.
    Daily Bag and Possession Limits: 10 ducks. The possession limit is 
three times the daily bag limit.

Coots

    Season Dates: Open October 1, 2016, through March 10, 2017.
    Daily Bag and Possession Limits: 25 coots. The possession limit is 
three times the daily bag limit.

Geese

    Season Dates: Open October 1, 2016, through March 10, 2017.
    Daily Bag and Possession Limits: 6 and 18, respectively. The season 
on brant is closed.
    General Conditions: Tribal members hunting on lands will observe 
all basic Federal migratory bird hunting regulations found in 50 CFR 
part 20, which will be enforced by the Stillaguamish Tribal Law 
Enforcement. Tribal members are required to use steel shot or a 
nontoxic shot as required by Federal regulations.
    (y) Swinomish Indian Tribal Community, LaConner, Washington (Tribal 
Members Only). Ceded Territory and Swinomish Reservation

Ducks and Mergansers

    Season Dates: Open September 1, 2016, through March 9, 2017.
    Daily Bag and Possession Limits: 20 and 40, respectively.

Canada Geese

    Season Dates: Open September 1, 2016, through March 9, 2017.
    Daily Bag and Possession Limits: 10 and 20 geese, respectively.

Brant

    Season Dates: Open September 1, 2016, through March 9, 2017.
    Daily Bag and Possession Limits: 5 and 10 brant, respectively.

Coots

    Season Dates: Open September 1, 2016, through March 9, 2017.
    Daily Bag and Possession Limits: 25 and 75 coots, respectively.

Mourning Dove

    Season Dates: Open September 1, 2016, through March 9, 2017.
    Daily Bag and Possession Limits: 15 and 30 mourning dove, 
respectively.

Band-Tailed Pigeon

    Season Dates: Open September 1, 2016, through March 9, 2017.
    Daily Bag and Possession Limits: Three and six band-tailed pigeon, 
respectively.
    (z) The Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington (Tribal Members Only).

Ducks and Mergansers

    Season Dates: Open September 1, 2016, through February 28, 2017.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintail, two canvasback, three scaup, and 
two redheads. Possession limit is twice the daily bag limit.

Geese

    Season Dates: Open September 1, 2016, through February 28, 2017.
    Daily Bag and Possession Limits: Seven geese, including no more 
than four cackling and dusky Canada geese. Possession limit is twice 
the daily bag limit.

Brant

    Season Dates: Open September 1, 2016, through February 28, 2017.
    Daily Bag and Possession Limits: Two and four brant, respectively.

[[Page 62417]]

Coots

    Season Dates: Open September 1, 2016, through February 28, 2017.
    Daily Bag and Possession Limits: 25 and 25 coots, respectively.

Snipe

    Season Dates: Open September 1, 2016, through February 28, 2017.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
    General Conditions: All tribal hunters must have a valid Tribal 
identification card on his or her person while hunting. All nontribal 
hunters must obtain and possess while hunting a valid Tulalip Tribe 
hunting permit and be accompanied by a Tulalip Tribal member. Shooting 
hours are one-half hour before sunrise to sunset, and steel shot is 
required for all migratory bird hunting. Hunters must observe all other 
basic Federal migratory bird hunting regulations in 50 CFR part 20.
    (aa) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
Members Only).

Mourning Doves

    Season Dates: Open September 1 through December 31, 2016.
    Daily Bag and Possession Limits: 12 and 15 mourning doves, 
respectively.

Ducks

    Season Dates: Open October 1, 2016, through February 28, 2017.
    Daily Bag and Possession Limits: 15 and 20, respectively.

Coots

    Season Dates: Open October 1, 2016, through February 15, 2017.
    Daily Bag and Possession Limits: 20 and 30, respectively.

Geese

    Season Dates: Open October 1, 2016, through February 28, 2017.
    Daily Bag and Possession Limits: 7 and 10 geese, respectively.

Brant

    Season Dates: Open November 1 through 10, 2016.
    Daily Bag and Possession Limits: Two and two, respectively.
    General Conditions: Tribal members must have the tribal 
identification and harvest report card on their person to hunt. Tribal 
members hunting on the Reservation will observe all basic Federal 
migratory bird hunting regulations found in 50 CFR part 20, except 
shooting hours would be 15 minutes before official sunrise to 15 
minutes after official sunset.
    (bb) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal 
Members Only).

Teal

    Season Dates: Open October 10, 2016, through February 18, 2017.
    Daily Bag Limits: 10 teal.

Ducks

    Season Dates: Open October 10, 2016, through February 18, 2017.
    Daily Bag Limits: Six ducks, including no more than four hen 
mallards, six black ducks, four mottled ducks, one fulvous whistling 
duck, four mergansers, three scaup, two hooded merganser, three wood 
ducks, one canvasback, two redheads, and two pintail. The season is 
closed for harlequin ducks.

Sea Ducks

    Season Dates: Open October 3, 2016, through February 18, 2017.
    Daily Bag Limits: Seven ducks including no more than four of any 
one species (only one of which may be a hen eider).

Woodcock

    Season Dates: Open October 10 through November 26, 2016.
    Daily Bag Limits: Three woodcock.

Canada Geese

    Season Dates: Open September 1 through 17, 2016, and open October 
24, 2016, through February 18, 2017.
    Daily Bag Limits: Eight Canada geese.

Snow Geese

    Season Dates: Open September 1 through 17, 2016, and open November 
21, 2016, through February 20, 2017.
    Daily Bag Limits: 15 snow geese.

Sora and Virginia Rails

    Season Dates: Open September 1 through November 5, 2016.
    Daily Bag Limits: 5 sora and 10 Virginia rails.

Snipe

    Season Dates: Open September 1 through December 8, 2016.
    Daily Bag Limits: Eight snipe.
    General Conditions: Shooting hours are one-half hour before sunrise 
to sunset. Nontoxic shot is required. All other basic Federal migratory 
bird hunting regulations contained in 50 CFR part 20 will be observed.
    (cc) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal 
Members Only).

Ducks

    Season Dates: Open September 10 through December 18, 2016.
    Daily Bag Limit for Ducks: 10 ducks, including no more than 2 
female mallards, 1 pintail, and 1 canvasback.

Mergansers

    Season Dates: Open September 10 through December 18, 2016.
    Daily Bag Limit for Mergansers: Five mergansers, including no more 
than two hooded mergansers.

Geese

    Season Dates: Open September 1 through December 15, 2016.
    Daily Bag Limit: 12 geese through September 23, and 5 thereafter.

Coots

    Season Dates: Open September 1 through November 30, 2016.
    Daily Bag Limit: 20 coots.

Snipe

    Season Dates: Open September 1 through November 30, 2016.
    Daily Bag Limit: 10 snipe.

Mourning Dove

    Season Dates: Open September 1 through November 30, 2016.
    Daily Bag Limit: 25 mourning dove.

Woodcock

    Season Dates: Open September 1 through November 30, 2016.
    Daily Bag Limit: 10 woodcock.

Rail

    Season Dates: Open September 1 through November 30, 2016.
    Daily Bag Limit: 25 rail.
    General Conditions: Shooting hours are one-half hour before sunrise 
to one-half hour after sunset. Nontoxic shot is required. All other 
basic Federal migratory bird hunting regulations contained in 50 CFR 
part 20 will be observed.
    (dd) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters).

Band-Tailed Pigeons (Wildlife Management Unit 10 and Areas South of Y-
70 and Y-10 in Wildlife Management Unit 7, Only)

    Season Dates: Open September 1 through 15, 2016.
    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, 2016.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Ducks and Mergansers

    Season Dates: Open October 15, 2016, through January 29, 2017.

[[Page 62418]]

Scaup

    Season Dates: Open November 5, 2016, through January 29, 2017.
    Daily Bag Limits: Seven including no more than two redheads, two 
pintail, three scaup (when open), seven mallards (including no more 
than two hen mallards), and two canvasback. Possession Limits: Twice 
the daily bag limit.

Coots

    Season Dates: Open October 15, 2016, through January 29, 2017.
    Daily Bag and Possession Limits: 25 and 50, respectively.

Canada Geese

    Season Dates: Open October 15, 2016, through January 29, 2017.
    Daily Bag and Possession Limits: Three and six Canada geese, 
respectively.
    General Conditions: All nontribal hunters hunting band-tailed 
pigeons and mourning doves on Reservation lands shall have in their 
possession a valid White Mountain Apache Daily or Yearly Small Game 
Permit. In addition to a small game permit, all nontribal hunters 
hunting band-tailed pigeons must have in their possession a White 
Mountain Special Band-tailed Pigeon Permit. Other special regulations 
established by the White Mountain Apache Tribe apply on the 
reservation. Tribal and nontribal hunters will comply with all basic 
Federal migratory bird hunting regulations in 50 CFR part 20 regarding 
shooting hours and manner of taking.

    Dated: August 31, 2016.
Karen Hyun,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and 
Parks.
[FR Doc. 2016-21739 Filed 9-8-16; 8:45 am]
 BILLING CODE 4333-15-P