2019-18356. Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2019-20 Season  

  • Start Preamble

    AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Final rule.

    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 August 27, 2019.

    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-2018-0030. You may obtain copies of referenced reports from the street address above, or from the Division of Migratory Bird Management's website at http://www.fws.gov/​migratorybirds/​,, or at http://www.regulations.gov at Docket No. FWS-HQ-MB-2018-0030.

    Start Further Info

    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.

    End Further Info End Preamble Start Supplemental Information

    SUPPLEMENTARY INFORMATION:

    Background

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

    In the July 8, 2019, Federal Register (84 FR 32385), we proposed special migratory bird hunting regulations for the 2019-20 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:Start Printed Page 44761

    (1) On-reservation hunting by both tribal members and nonmembers, with hunting by nontribal members on some reservations to take place within Federal frameworks but on dates different from those selected by the surrounding State(s);

    (2) On-reservation hunting by tribal members only, outside of usual Federal frameworks for season dates and length, and for daily bag and possession limits; and

    (3) Off-reservation hunting by tribal members on ceded lands, outside of usual framework dates and season length, with some added flexibility in daily bag and possession limits.

    In all cases, the regulations established under the guidelines must be consistent with the March 10-September 1 closed season mandated by the 1916 Migratory Bird Treaty with Canada.

    In the June 14, 2018, Federal Register (83 FR 27836), we requested that tribes desiring special hunting regulations in the 2019-20 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 2019-20 Season. This rule sets hunting seasons, hours, areas, and limits for migratory game bird species on reservations and ceded territories. This final rule is the culmination of the rulemaking process for the Tribal migratory game bird hunting seasons, which started with the June 14, 2018, proposed rule. This final rule sets the Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2019-20 Season.

    Population Status and Harvest

    Each year we publish various species status reports that provide detailed information on the status and harvest of migratory game birds, including information on the methodologies and results. These reports are available at the address indicated under FOR FURTHER INFORMATION CONTACT or from our website at https://www.fws.gov/​birds/​surveys-and-data/​reports-and-publications/​population-status.php.

    We used the following reports: Adaptive Harvest Management, 2019 Hunting Season (September 2018); American Woodcock Population Status, 2018 (August 2018); Band-tailed Pigeon Population Status, 2018 (August 2018); Migratory Bird Hunting Activity and Harvest During the 2016-17 and 2017-18 Hunting Seasons (August 2018); Mourning Dove Population Status, 2018 (August 2018); Status and Harvests of Sandhill Cranes, Mid-continent, Rocky Mountain, Lower Colorado River Valley and Eastern Populations, 2018 (August 2018); and Waterfowl Population Status, 2018 (August 2018).

    Comments and Issues Concerning Tribal Proposals

    For the 2019-20 migratory bird hunting season, we proposed regulations for 31 Tribes or Indian groups that followed the 1985 guidelines and were considered appropriate for final rulemaking. However, at that time, we noted in the July 8, 2019, proposed rule that we were proposing seasons for five Tribes who submitted proposals in past years but from whom we had not yet received proposals this year. We did not receive proposals from four of those Tribes and, therefore, have not included them in this final rule.

    The comment period for the July 8 proposed rule closed on August 7, 2019. We received one comment on our July 8 proposed rule, which announced proposed seasons for migratory bird hunting by American Indian Tribes. The commenting individual expressed general support for implementing the tribal regulations.

    Required Determinations

    Executive Order 13771—Reducing Regulation and Controlling Regulatory Costs

    This action is not subject to the requirements of Executive Order (E.O.) 13771 (82 FR 9339, February 3, 2017) because it establishes annual harvest limits related to routine hunting or fishing.

    National Environmental Policy Act (NEPA) Consideration

    The programmatic document, “Second Final Supplemental Environmental Impact Statement: Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds (EIS 20130139),” filed with the Environmental Protection Agency (EPA) on May 24, 2013, addresses NEPA compliance by the Service for issuance of the annual framework regulations for hunting of migratory game bird species. We published a notice of availability in the Federal Register on May 31, 2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR 45376). We also address NEPA compliance for waterfowl hunting frameworks through the annual preparation of separate environmental assessments, the most recent being “Duck Hunting Regulations for 2019-20,” with its corresponding July 2019, finding of no significant impact. The programmatic document, as well as the separate environmental assessment, is available on our website at https://www.fws.gov/​birds/​index.php,, or from the address indicated under the caption FOR FURTHER INFORMATION CONTACT.

    Endangered Species Act Consideration

    Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), provides that the Secretary shall 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. Our biological opinions resulting from this section 7 consultation are public documents available for public inspection at the address indicated under ADDRESSES.

    Regulatory Planning and Review (Executive Orders 12866 and 13563)

    E.O. 12866 provides that the Office of Information and Regulatory Affairs (OIRA) will review all significant rules. OIRA has reviewed this rule and has determined that this rule is significant Start Printed Page 44762because it will have an annual effect of $100 million or more on the economy.

    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements.

    An economic analysis was prepared for the 2019-20 season. This analysis was based on data from the 2011 National Hunting and Fishing Survey, the most recent year for which data are available (see discussion under Regulatory Flexibility Act, below). 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 2018-19 season, (2) issue moderate regulations allowing more days than those in alternative 1, and (3) issue liberal regulations identical to the regulations in the 2018-19 season. For the 2019-20 season, we chose Alternative 3, with an estimated consumer surplus across all flyways of $334-$440 million with a mid-point estimate of $387 million. We also chose alternative 3 for the 2009-10 through 2018-19 seasons. The 2019-20 analysis is part of the record for this rule and is available at http://www.regulations.gov at Docket No. FWS-HQ-MB-2018-0030.

    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 through 1995. In 1995, the Service issued a Small Entity Flexibility Analysis (Analysis), which was subsequently updated in 1996, 1998, 2004, 2008, 2013, 2018, and 2019. The primary source of information about hunter expenditures for migratory game bird hunting is the National Hunting and Fishing Survey, which is generally conducted at 5-year intervals. The 2019 Analysis is 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 2019.

    Copies of the analysis are available upon request from the Division of Migratory Bird Management (see FOR FURTHER INFORMATION CONTACT) or from http://www.regulations.gov at Docket No. FWS-HQ-MB-2018-0030.

    Small Business Regulatory Enforcement Fairness Act

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

    Paperwork Reduction Act

    This rule does not contain any new collection of information that requires approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). OMB has previously approved the information collection requirements associated with migratory bird surveys and the procedures for establishing annual migratory bird hunting seasons under the following OMB control numbers:

    • 1018-0019, “North American Woodcock Singing Ground Survey” (expires 6/30/2021).
    • 1018-0023, “Migratory Bird Surveys, 50 CFR 20.20” (expires 8/31/2020). Includes Migratory Bird Harvest Information Program, Migratory Bird Hunter Surveys, Sandhill Crane Survey, and Parts Collection Survey.
    • 1018-0171, “Establishment of Annual Migratory Bird Hunting Seasons, 50 CFR part 20” (expires 06/30/2021).

    You may view the information collection request(s) at http://www.reginfo.gov/​public/​do/​PRAMain.

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    Unfunded Mandates Reform Act

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

    Civil Justice Reform—Executive Order 12988

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

    Takings Implication Assessment

    In accordance with E.O. 12630, this rule, authorized by the Migratory Bird Treaty Act, does not have significant takings implications and does not affect any constitutionally protected property rights. This rule will not result in the physical occupancy of property, the physical invasion of property, or the regulatory taking of any property. In fact, this rule will allow hunters to exercise otherwise unavailable privileges and, therefore, reduce restrictions on the use of private and public property.

    Energy Effects—Executive Order 13211

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

    Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951), E.O. 13175, and 512 DM 2, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no effects on Indian trust resources. We have consulted with Tribes affected by this rule.

    Federalism Effects

    Due to the migratory nature of certain species of birds, the Federal Government has been given responsibility over these species by the Migratory Bird Treaty Act. We annually Start Printed Page 44763prescribe frameworks from which the States make selections regarding the hunting of migratory birds, and we employ guidelines to establish special regulations on Federal Indian reservations and ceded lands. This process preserves the ability of the States and tribes to determine which seasons meet their individual needs. Any State or Indian tribe may be more restrictive than the Federal frameworks at any time. The frameworks are developed in a cooperative process with the States and the Flyway Councils. This process allows States to participate in the development of frameworks from which they will make selections, thereby having an influence on their own regulations.

    These rules do not have a substantial direct effect on fiscal capacity, change the roles or responsibilities of Federal or State governments, or intrude on State policy or administration. Therefore, in accordance with E.O. 13132, these regulations do not have significant federalism effects and do not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

    Regulations Promulgation

    The rulemaking process for migratory game bird hunting, by its nature, operates under a time constraint as seasons must be established each year or hunting seasons remain closed. However, we intend that the public be provided extensive opportunity for public input and involvement in compliance with Administrative Procedure Act requirements. Thus, when the preliminary proposed rulemaking was published, we established what we concluded were the longest periods possible for public comment and the most opportunities for public involvement. We also provided notification of our participation in multiple Flyway Council meetings, opportunities for additional public review and comment on all Flyway Council proposals for regulatory change, and opportunities for additional public review during the Service Regulations Committee meeting. Therefore, sufficient public notice and opportunity for involvement have been given to affected persons regarding the migratory bird hunting frameworks for the 2019-20 hunting seasons. Further, after establishment of the final frameworks, States and Tribes need sufficient time to conduct their own public processes to select season dates and limits; to communicate those selections to us; and to establish and publicize the necessary regulations and procedures to implement their decisions. Thus, if there were a delay in the effective date of these regulations after this final rulemaking, States and Tribes might not be able to meet their own administrative needs and requirements.

    For the reasons cited above, we find that “good cause” exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and this rule will take effect immediately upon publication.

    Accordingly, with each participating Tribe having had an opportunity to participate in selecting the hunting seasons desired for its reservation or ceded territory on those species of migratory birds for which open seasons are now prescribed, and consideration having been given to all other relevant matters presented, certain sections of title 50, chapter I, subchapter B, part 20, subpart K, are hereby amended as set forth below.

    Start List of Subjects

    List of Subjects in 50 CFR Part 20

    • Exports
    • Hunting
    • Imports
    • Reporting and recordkeeping requirements
    • Transportation
    • Wildlife
    End List of Subjects

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

    Start Part

    PART 20—MIGRATORY BIRD HUNTING

    End Part Start Amendment Part

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

    End Amendment Part Start Authority

    Authority: 16 U.S.C. 703 et seq., and 16 U.S.C. 742a-j.

    End Authority

    (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).

    Start Amendment Part

    2. Section 20.110 is revised to read as follows:

    End Amendment Part
    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) 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, 2019, through March 9, 2020.

    Daily Bag and Possession Limits: The Tribe does not have specific bag and possession restrictions for Tribal members. The season on harlequin duck is closed.

    Coots

    Season Dates: Same as ducks.

    Daily Bag and Possession Limits: Same as ducks.

    Geese

    Season Dates: Same as ducks.

    Daily Bag and Possession Limits: Same as ducks.

    Nontribal Hunters

    Ducks (Including Mergansers)

    Season Dates: Open September 21, 2019, through January 6, 2020.

    Scaup

    Season Dates: Open September 21 through December 16, 2019.

    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 September 21, 2019, through January 6, 2020.

    Daily Bag and Possession Limits: 4 Canada geese and brant in the aggregate, and 10 white-fronted geese. The possession limit is three times the daily bag limit.

    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.

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

    Ducks

    1854 and 1837 Ceded Territories:

    Season Dates: Begin September 1 and end November 30, 2019.

    Daily Bag Limit: 18 ducks, including no more than 12 mallards (only 3 of Start Printed Page 44764which 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, 2019.

    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 1 and end November 30, 2019.

    Daily Bag Limit: 15 mergansers, including no more than 6 hooded mergansers.

    Reservation:

    Season Dates: Begin September 1 and end November 30, 2019.

    Daily Bag Limit: 10 mergansers, including no more than 4 hooded mergansers.

    Canada Geese

    All Areas:

    Season Dates: Begin September 1 and end November 30, 2019.

    Daily Bag Limit: 20 geese.

    Coots and Common Moorhens (Common Gallinules)

    All Areas:

    Season Dates: Begin September 1 and end November 30, 2019.

    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, 2019.

    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, 2019.

    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, 2019.

    Daily Bag Limit: Eight common snipe.

    Woodcock

    All Areas:

    Season Dates: Begin September 1 and end November 30, 2019.

    Daily Bag Limit: Three woodcock.

    Mourning Doves

    All Areas:

    Season Dates: Begin September 1 and end November 30, 2019.

    Daily Bag Limit: 30 mourning doves.

    Tundra and Trumpeter Swans

    Reservation Only:

    Season Dates: Begin September 1 and end November 30, 2019.

    Daily Bag Limit: One swan. A swan carcass tag is required prior to hunting.

    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.

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

    Ducks

    Season Dates: Open September 1, 2019, through January 20, 2020.

    Daily Bag Limit: 35 ducks, which may include no more than 8 pintail, 4 canvasback, 8 black ducks, 5 hooded merganser, 8 wood ducks, 8 redheads, and 20 mallards (only 10 of which may be hens).

    Canada and Snow Geese

    Season Dates: Open September 1, 2019, through February 15, 2020.

    Daily Bag Limit: 15 geese.

    Other Geese (White-Fronted Geese and Brant)

    Season Dates: Open September 20 through December 30, 2019.

    Daily Bag Limit: Five geese.

    Sora Rails, Common Snipe, and Woodcock

    Season Dates: Open September 1 through November 14, 2019.

    Daily Bag Limit: 10 rails, 10 snipe, and 5 woodcock.

    Mourning Doves

    Season Dates: Open September 1 through November 14, 2019.

    Daily Bag Limit: 25 mourning doves.

    Sandhill Crane

    Season Dates: Open September 1 through November 14, 2019.

    Daily Bag Limit: 2 sandhill crane, with a season limit of 10.

    General Conditions: A valid Grand Traverse Band Tribal license is required and must be in possession before taking any wildlife. Shooting hours for migratory birds are one-half hour before sunrise to one-half hour after sunset. All other basic regulations contained in 50 CFR part 20 are valid. Other tribal regulations apply, and may be obtained at the tribal office in Suttons Bay, Michigan.

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

    The 2019-20 waterfowl hunting season regulations apply to all treaty areas (except where noted):

    Ducks

    Season Dates: Begin September 1 and end December 31, 2019.

    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, 2019.

    Daily Bag Limit: 10 mergansers.

    Geese

    Season Dates: Begin September 1 and end December 31, 2019. In addition, any portion of the ceded territory that is open to State-licensed hunters for goose hunting outside of these dates will also be open concurrently for tribal members.

    Daily Bag Limit: 20 geese in aggregate.

    Other Migratory Birds

    Coots and Common Moorhens (Common Gallinules)

    Season Dates: Begin September 1 and end December 31, 2019.

    Daily Bag Limit: 20 coots and common moorhens (common gallinules), singly or in the aggregate.Start Printed Page 44765

    Sora and Virginia Rails

    Season Dates: Begin September 1 and end December 31, 2019.

    Daily Bag and Possession Limits: 20, singly, or in the aggregate, 25.

    Common Snipe

    Season Dates: Begin September 1 and end December 31, 2019.

    Daily Bag Limit: 16 common snipe.

    Woodcock

    Season Dates: Begin September 4 and end December 31, 2019.

    Daily Bag Limit: 10 woodcock.

    Mourning Dove: 1837 and 1842 Ceded Territories Only

    Season Dates: Begin September 1 and end November 29, 2019.

    Daily Bag Limit: 15 mourning doves.

    Sandhill Cranes

    Season Dates: Begin September 1 and end December 31, 2019.

    Daily Bag Limit: 5 cranes in the 1837 and 1842 Treaty Area and no season bag limit; 3 crane and no season bag limit in the 1836 Treaty Area.

    Swans: 1837 and 1842 Ceded Territories Only

    Season Dates: Begin September 1 and end December 31, 2019.

    Daily Bag/Season Limit: 5 swans. All harvested swans must be registered by presenting the fully-feathered carcass to a tribal registration station or GLIFWC warden, to be identified to species. 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 25 rails (in the aggregate). For purposes of enforcing bag limits, all migratory birds in the possession and custody of tribal members on ceded lands are considered to have been taken on those lands unless tagged by a tribal or State conservation warden as taken on reservation lands. All migratory birds that fall on reservation lands do not count as part of any off-reservation bag or possession limit.

    4. There are no shell limit restrictions.

    5. Hunting hours are from 30 minutes before sunrise to 30 minutes after sunset, except that, within the 1837 and 1842 ceded territories hunters may use non-mechanical nets or snares that are operated by hand to take those birds subject to an open hunting season at any time. Hunters shall be permitted to capture, without the aid of other devices (i.e., by hand) and immediately kill birds subject to an open season, regardless of time of day. See #7 below for further explanation.

    6. An experimental application of electronic calls (e-calls) will be implemented in the 1837 and 1842 ceded territories. Up to 50 tribal hunters will be allowed to use e-calls. Individuals using e-calls will be required to obtain a special permit; they will be required to complete a hunt diary for each hunt where e-calls are used; and they will be required to submit the hunt diary to the Commission within two (2) weeks of the end of the season in order to be eligible to obtain an e-call permit for the following year. Required information will include the date, time and location of the hunt, number of hunters, the number of each species harvested per hunting event, if other hunters were in the area, any interactions with other hunters, and other information deemed appropriate. Diary results will be summarized and documented in a Commission report, which will be submitted to the Service. Barring unforeseen results, this experimental application would be replicated for 3 years, after which a full evaluation would be completed.

    7. Within the 1837 and 1842 ceded territories, tribal members will be allowed to use non-mechanical, hand-operated nets (i.e., throw/cast nets or hand-held nets typically used to land fish) and/or hand-operated snares, and may chase and capture migratory birds without the aid of hunting devices (i.e., by hand). At this time, non-attended nets or snares shall not be authorized under this regulation. Tribal members using nets or snares to take migratory birds, or taking birds by hand, will be required to obtain a special permit; they will be required to complete a hunt diary for each hunt where these methods are used; and they will be required to submit the hunt diary to the Commission within two (2) weeks of the end of the season in order to be eligible to obtain a permit to net migratory birds for the following year. Required information will include the date, time and location of the hunt, number of hunters, the number of each species harvested per hunting event, and other information deemed appropriate. Diary results will be summarized and documented in a Commission report, which will be submitted to the Service. Barring unforeseen results, this experimental application would be replicated for 3 years, after which a full evaluation would be completed.

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

    Ducks (Including Mergansers)

    Season Dates: Open October 6 through November 30, 2019.

    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 6 through November 30, 2019.

    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.

    (f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal Members and Nontribal Hunters). Start Printed Page 44766

    Nontribal Hunters on Reservation and Ceded Lands

    Geese

    Season Dates: Open September 21 through September 22, 2019; open September 28 through September 29, 2019; and open October 1, 2019, through January 8, 2020. During these periods, days to be hunted are specified by the Kalispel Tribe. Nontribal hunters should contact the Tribe for more detail on hunting days.

    Daily Bag and Possession Limits: 5 Canada geese for the early season, and 6 light geese and 4 dark geese, for the late season. The daily bag limit is 2 brant (when the State's season is open) and is in addition to dark goose limits for the late season. The possession limit is twice the daily bag limit.

    Ducks

    Season Dates: Open September 21 through September 22, 2019; open September 28 through September 29, 2019; and open October 1, 2019, through January 8, 2020.

    Scaup

    Season Dates: Open October 1 through December 25, 2019.

    Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 2 pintail, 2 canvasback, 3 scaup (when open), and 2 redheads. The possession limit is twice the daily bag limit.

    Tribal Members on Reservation and Ceded Lands

    Geese

    Season Dates: Open October 1, 2019, through January 31, 2020.

    Daily Bag and Possession Limits: 6 light geese and 4 dark geese. The daily bag limit is 2 brant 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 October 1, 2019, through January 31, 2020.

    Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 2 pintail, 2 canvasback, 3 scaup, and 2 redheads. The possession limit is twice the daily bag limit.

    General: Tribal members must possess a validated Migratory Bird Hunting and Conservation Stamp and a tribal ceded lands permit.

    (g) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only).

    Ducks and Coots

    Season Dates: Open October 5, 2019, through January 31, 2020.

    Daily Bag and Possession Limits: 9 and 18, respectively.

    Geese

    Season Dates: Open October 5, 2019, through January 31, 2020.

    Daily Bag and Possession Limits: 9 and 18, respectively.

    General: Nontoxic shot is required. Use of live decoys, bait, and commercial use of migratory birds are prohibited. Waterfowl may not be pursued or taken while using motorized craft. Shooting hours are one-half hour before sunrise to one-half hour after sunset.

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

    Ducks

    Season Dates: Open September 14 through December 31, 2019.

    Daily Bag Limits: 10 ducks, including no more than 5 pintail, 5 canvasback, and 5 black ducks.

    Geese

    Season Dates: Open September 14 through December 31, 2019.

    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.

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

    1836 Ceded Territory and Tribal Reservation:

    Ducks

    Season Dates: Open September 1, 2019, through January 26, 2020.

    Daily Bag Limits: 12 ducks, including no more than 6 mallards (2 of which may be hens), 3 black ducks, 3 redheads, 3 wood ducks, 2 pintail, 1 bufflehead, 1 hooded merganser, and 2 canvasback.

    Coots and Gallinules

    Season Dates: Open September 14, 2019, through January 26, 2020.

    Daily Bag Limits: Five coot and five gallinule.

    Canada Geese

    Season Dates: Open September 1, 2019, through February 3, 2020.

    Daily Bag Limit: Five.

    White-fronted Geese, Brant, and Snow Geese

    Season Dates: Open September 7 through December 9, 2019.

    Daily Bag Limit: Five.

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

    Season Dates: Open September 1 through November 11, 2019.

    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 2019-20 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.

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

    Ducks

    Season Dates: Open September 1, 2019, through January 31, 2020.

    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 1, 2019, through January 31, 2020.

    Daily Bag Limits: 10 mergansers, including no more than 5 hooded mergansers.

    Coots and Gallinules

    Season Dates: Open September 15 through December 31, 2019.

    Daily Bag Limit: 20.

    Canada Geese

    Season Dates: Open September 1, 2019, through February 8, 2020.

    Daily Bag Limit: 20 in the aggregate.

    Sora and Virginia Rails

    Season Dates: Open September 1 through December 31, 2019.Start Printed Page 44767

    Daily Bag Limit: 20.

    Snipe

    Season Dates: Open September 1 through December 31, 2019.

    Daily Bag Limit: 15.

    Mourning Doves

    Season Dates: Open September 1 through November 14, 2019.

    Daily Bag Limit: 15.

    Woodcock

    Season Dates: Open September 1 through December 1, 2019.

    Daily Bag Limit: 10.

    Sandhill Cranes

    Season Dates: Open September 1 through December 1, 2019.

    Daily Bag Limit: Two.

    General: Possession limits are twice the daily bag limits.

    (k) 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, 2019, through March 10, 2020.

    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 September 1 through 16, 2019, 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, 2019, through March 10, 2020.

    Daily Bag and Possession Limits: 6 and 18, respectively.

    White-fronted Geese

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag and Possession Limits: Two and six, respectively.

    Light Geese

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag Limit: 20.

    Dove

    Season Dates: Open September 1, 2019, through January 31, 2020.

    Daily Bag Limit: 15.

    Nontribal Hunters

    Ducks (Including Mergansers and Coots)

    Season Dates: Open October 5, 2019, through January 9, 2020.

    Daily Bag and Possession Limits: Six ducks, including five mallards (no more of which can be two hen mallard), three scaup, two canvasback, two redheads, three wood ducks, one mottled duck, one pintail, and two bonus blue-winged teal during October 6 through October 21, 2019. 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 26, 2019, through February 9, 2020.

    Daily Bag and Possession Limits: 6 and 18, respectively.

    White-Fronted Geese

    Season Dates: Open October 26, 2019, through January 21, 2020.

    Daily Bag and Possession Limits: Two and six, respectively.

    Light Geese

    Season Dates: Open October 26, 2019, through February 9, 2020; and open February 11 through March 10, 2020.

    Daily Bag and Possession Limits: 50 and no possession limit.

    Dove

    Season Dates: Open September 1 through November 29, 2019.

    Daily Bag Limit: 15.

    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.

    (l) [Reserved.]

    (m) Makah Indian Tribe, Neah Bay, Washington (Tribal Members).

    Band-Tailed Pigeons

    Season Dates: Open September 21 through October 27, 2019.

    Daily Bag Limit: Two band-tailed pigeons.

    Ducks and Coots

    Season Dates: Open September 21, 2019, through January 25, 2020.

    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 21, 2019, through January 25, 2020.

    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 300 feet 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 use of live decoys and/or baiting to pursue any species of waterfowl is prohibited.

    4. Only Service approved nontoxic shot is allowed; the use of lead shot is prohibited.

    5. The use of dogs is permitted to hunt waterfowl.

    6. Shooting hours for all species of waterfowl are one-half hour before sunrise to sunset.

    7. Open hunting areas are: Makah Reservation except for designated wilderness areas and within one mile of the Cape Flattery and Shi-shi Trails. Off-Reservation Hunting Areas as specified in the General Hunting Regulations.

    (n) Muckleshoot Indian Tribe, Auburn, Washington (Tribal Members Only).

    Band-Tailed Pigeons, Mourning Doves, and Snipe

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag Limits: 2, 15, and 8, respectively.

    Ducks (Including Coots)

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag Limits: Seven ducks, including no more than two hen mallards, one mottled duck, two canvasback, three scaup, two redheads, two scoter, two long-tailed ducks, two goldeneye, and two pintail. Coot daily bag limit is 25. The Tribe has a limit on harlequin ducks of one per season.

    Geese

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag Limits: 4 Canada geese, 6 light geese, 10 white-fronted geese, and 2 brant. There is a year-round closure on dusky Canada geese.Start Printed Page 44768

    All other Federal regulations contained in 50 CFR part 20 apply. The following restrictions also apply:

    1. Hunting can occur on reservation and off reservation on lands where the Tribe has treaty-reserved hunting rights, or has documented traditional use.

    2. Shooting hours for all species of waterfowl are one-half hour before sunrise to one-half after sunset.

    3. Hunters must be eligible, enrolled Muckleshoot Tribal members and must carry their Tribal identification while hunting.

    4. Tribal members hunting migratory birds must also have a combined Migratory Bird Hunting Permit and Harvest Report Card.

    5. The use of live decoys and/or baiting to pursue any species of waterfowl is prohibited.

    6. Hunting for migratory birds is with shotgun only. Only steel, tungsten-iron, tungsten-polymer, tungsten-matrix, and tin shot are allowed for hunting waterfowl. It is unlawful to use or possess lead shot while hunting waterfowl.

    (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, 2019.

    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.

    Mourning Doves

    Season Dates: Open September 1 through September 30, 2019.

    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

    Ducks (Including Mergansers and Coots)

    Season Dates: Open September 21, 2019, through January 6, 2020.

    Scaup

    Season Dates: Open September 21 through December 16, 2019.

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

    Canada Geese

    Season Dates: Open September 21, 2019, through January 6, 2020.

    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 older 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 December 8, 2019.

    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, 2019.

    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 1 through November 3, 2019.

    Daily Bag and Possession Limits: Two and four woodcock, respectively.

    Doves

    Season Dates: Open September 1 through November 3, 2019.

    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, 2019, through March 10, 2020.

    Daily Bag and Possession Limits: Seven ducks, including no more than one harlequin duck per season.

    Geese

    Season Dates: Open September 7, 2019, through March 10, 2020.

    Daily Bag and Possession Limits: The daily bag limits for Canada geese, light geese, and white-fronted geese are 5, 3, and 10, respectively. There is a year-round closure on dusky Canada geese. Possession limit is twice the daily bag limit.

    Brant

    Season Dates: Open January 11 through January 26, 2020.

    Daily Bag and Possession Limits: Two and four, respectively.

    Coots

    Season Dates: Open September 7, 2019, through February 2, 2020.

    Daily Bag and Possession Limits: 25 and 50 coots, respectively.

    Mourning Doves

    Season Dates: Open September 7, 2019, through January 20, 2020.

    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

    Snipe

    Season Dates: Open September 7, 2019, through March 10, 2020.

    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

    Band-Tailed Pigeons

    Season Dates: Open September 7, 2019, through January 20, 2020.

    Daily Bag and Possession Limits: Two and four pigeons, respectively.

    Port Gamble S'Klallam Tribe

    Ducks

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, one canvasback, one pintail, two redhead, four scoters, and no more than one harlequin duck per season.

    Geese

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag and Possession Limits: The daily bag limits for Canada geese, light geese, and white-fronted geese are 5, 3, and 10, respectively. There is a year-round closure on dusky Canada geese. Start Printed Page 44769Possession limit is twice the daily bag limit.

    Brant

    Season Dates: Open November 9, 2019, through January 31, 2020.

    Daily Bag and Possession Limits: Two and four, respectively.

    Coots

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag and Possession Limits: 7 and 14 coots, respectively.

    Mourning Doves

    Season Dates: Open September 1, 2019, through January 31, 2020.

    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

    Snipe

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

    Band-Tailed Pigeons

    Season Dates: Open September 1, 2019, through March 10, 2020.

    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, 2019, through January 31, 2020.

    Daily Bag Limit: 25 doves.

    Ducks

    Season Dates: Open September 1, 2019, through January 31, 2020.

    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, 2019, through January 31, 2020.

    Daily Bag Limit: 10, including no more than 5 hooded mergansers.

    Canada Geese

    Season Dates: Open September 1, 2019, through January 31, 2020.

    Daily Bag Limit: 20 in the aggregate.

    Coots and Gallinule

    Season Dates: Open September 1, 2019, through January 31, 2020.

    Daily Bag Limit: 20 in the aggregate.

    Woodcock and Mourning Dove

    Season Dates: Open September 1, 2019, through January 31, 2020.

    Daily Bag Limits: 10 woodcock and 25 doves.

    Common Snipe

    Season Dates: Open September 1, 2019, through January 31, 2020.

    Daily Bag Limits: 16.

    Sora and Virginia Rails

    Season Dates: Open September 1, 2019, through January 31, 2020.

    Daily Bag Limits: 20 in the aggregate.

    Sandhill Crane

    Season Dates: Open September 1, 2019, through January 31, 2020.

    Daily Bag Limits: One.

    General: Possession limits are twice the daily bag limits except for rails, of which the possession limit equals the daily bag limit (20). Tribal members must possess a tribal hunting permit from the Saginaw Tribe pursuant to tribal law. Shooting hours are one-half hour before sunrise until one-half hour after sunset. Hunters must observe all other basic Federal migratory bird hunting regulations in 50 CFR part 20.

    (s) Sauk-Suiattle Indian Tribe, Darrington, Washington (Tribal Members Only).

    Mourning Doves

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag Limits: 10 doves.

    Band-Tailed Pigeons

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag Limits: 10 pigeons.

    Ducks

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag Limits: 20.

    Geese

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag Limit: 10 geese.

    Coots

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag Limit: 25 coots.

    Brant

    Season Dates: Open September 1, 2019, through March 10, 2020.

    Daily Bag Limits: Five brant.

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

    Mourning Doves

    Season Dates: Open September 1 through November 14, 2019.

    Daily Bag Limit: 10 doves.

    Teal

    Season Dates: Open September 1 through December 31, 2019.

    Daily Bag Limits: 20 in the aggregate.

    Ducks

    Season Dates: Open September 15 through December 31, 2019.

    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, 2019.

    Daily Bag Limit: 10 in the aggregate.

    Geese

    Season Dates: Open September 1 through December 31, 2019.

    Daily Bag Limit: 20 in the aggregate.

    Coots and Gallinule

    Season Dates: Open September 1 through December 31, 2019.

    Daily Bag Limit: 20 in the aggregate.

    Woodcock

    Season Dates: Open September 2 through December 1, 2019.

    Daily Bag Limits: 10.

    Common Snipe

    Season Dates: Open September 15 through December 31, 2019.

    Daily Bag Limits: 16.

    Sora and Virginia Rails

    Season Dates: Open September 1 through December 31, 2019.

    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.

    (u) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, Idaho (Nontribal Hunters). Start Printed Page 44770

    Ducks, Including Mergansers

    Duck Season Dates: Open October 5, 2019, through January 17, 2020.

    Scaup Season Dates: Open October 5 through December 30, 2019.

    Daily Bag and Possession Limits: Seven ducks and mergansers, 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 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 5, 2019, through January 17, 2020.

    Daily Bag and Possession Limits: 4 and 12, respectively.

    White-Fronted Geese

    Season Dates: Open October 5, 2019, through January 17, 2020.

    Daily Bag and Possession Limits: 10 and 30, respectively.

    Light Geese

    Season Dates: Open October 5, 2019, through January 17, 2020.

    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.

    (v) [Reserved.]

    (w) Spokane Tribe of Indians, Wellpinit, Washington (Tribal Members Only).

    Ducks

    Season Dates: Open September 2, 2019, through January 31, 2020.

    Daily Bag and Possession Limits: Seven ducks, including no more than two hen mallards, two pintail, three scaup, two canvasback, and two redheads. The daily bag limit on harlequin duck is one per season. The possession limit is twice the daily bag limit.

    Geese

    Season Dates: Open September 2, 2019, through January 31, 2020.

    Daily Bag and Possession Limits: 4 Canada geese, 10 white-fronted geese, and 20 light geese. The possession limit is twice the daily bag limit.

    General Conditions: Tribal members must possess a tribal hunting permit from the Spokane Indian Tribe pursuant to tribal law. Shooting hours are one-half hour before sunrise until sunset. Hunters must observe all other basic Federal migratory bird hunting regulations in 50 CFR part 20.

    (x) [Reserved.]

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

    Common Snipe

    Season Dates: Open October 1, 2019, through January 31, 2020.

    Daily Bag and Possession Limits: 10 and 20, respectively.

    Ducks

    Season Dates: Open October 1, 2019, through March 10, 2020.

    Daily Bag and Possession Limits: 10 ducks, including no more than 7 mallards (only 3 of which may be hens), 3 pintail, 3 redhead, 3 scaup, and 3 canvasback. The possession limit is twice the daily bag limit.

    Coots

    Season Dates: Open October 1, 2019, through January 31, 2020.

    Daily Bag and Possession Limits: 25 coots. The possession limit is twice the daily bag limit.

    Geese

    Season Dates: Open October 1, 2019, through March 10, 2020.

    Daily Bag and Possession Limits: 6 Canada geese, 12 white-fronted geese, and 8 snow geese. The possession limit is three times the daily bag limit. The season on brant is closed.

    Swan

    Season Dates: Open October 1, 2019, through January 31, 2020.

    Bag Limit: Two per year.

    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. The Swan season is by special draw permit only.

    (z) Swinomish Indian Tribal Community, LaConner, Washington (Tribal Members Only).

    Ceded Territory and Swinomish Reservation

    Ducks and Mergansers

    Season Dates: Open September 1, 2019, through March 9, 2020.

    Daily Bag and Possession Limits: 20 and 40, respectively.

    Canada Geese

    Season Dates: Open September 1, 2019, through March 9, 2020.

    Daily Bag and Possession Limits: 10 and 20 geese, respectively.

    Brant

    Season Dates: Open September 1, 2019, through March 9, 2020.

    Daily Bag and Possession Limits: 5 and 10 brant, respectively.

    Coots

    Season Dates: Open September 1, 2019, through March 9, 2020.

    Daily Bag and Possession Limits: 25 and 75 coots, respectively.

    Mourning Dove

    Season Dates: Open September 1, 2019, through March 9, 2020.

    Daily Bag and Possession Limits: 15 and 30 mourning doves, respectively.

    Band-Tailed Pigeon

    Season Dates: Open September 1, 2019, through March 9, 2020.

    Daily Bag and Possession Limits: Three and six band-tailed pigeons, respectively.

    Snipe

    Season Dates: Open September 1, 2019, through March 9, 2020.

    Daily Bag and Possession Limits: 15 and 30 snipe, respectively.

    General Conditions: Shooting hours are from 30 minutes before sunrise until 30 minutes after sunset. Tribal members are required to use steel shot or a nontoxic shot as required by Federal regulations.

    (aa) The Tulalip Tribes of Washington, Tulalip Indian Reservation, Marysville, Washington (Tribal Members Only).

    Ducks and Mergansers

    Season Dates: Open September 1, 2019, through February 29, 2020.

    Daily Bag and Possession Limits: 15 ducks, including no more than 1 pintail and 2 canvasback. Possession limit is twice the daily bag limit.

    Sea Ducks

    Season Dates: Open September 1, 2019, through February 29, 2020.

    Daily Bag and Possession Limits: 15 sea ducks, including no more than 10 harlequin. Possession limit is twice the daily bag limit.Start Printed Page 44771

    Geese

    Season Dates: Open September 1, 2019, through February 29, 2020.

    Daily Bag and Possession Limits: 15 geese, including no more than 10 cackling Canada geese or 10 dusky Canada geese. Possession limit is twice the daily bag limit.

    Brant

    Season Dates: Open September 1, 2019, through February 29, 2020.

    Daily Bag and Possession Limits: Five and ten brant, respectively.

    Coots

    Season Dates: Open September 1, 2019, through February 29, 2020.

    Daily Bag and Possession Limits: 25 and 25 coots, respectively.

    Snipe

    Season Dates: Open September 1, 2019, through February 29, 2020.

    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 or federally approved nontoxic shot is required for all migratory bird hunting. Hunters must observe all other basic Federal migratory bird hunting regulations in 50 CFR part 20.

    (bb) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal Members Only).

    Mourning Doves

    Season Dates: Open September 1 through December 31, 2019.

    Daily Bag and Possession Limits: 12 and 15 mourning doves, respectively.

    Ducks

    Season Dates: Open October 1, 2019, through February 29, 2020.

    Daily Bag and Possession Limits: 15 and 20, respectively.

    Coots

    Season Dates: Open October 1, 2019, through February 15, 2020.

    Daily Bag and Possession Limits: 20 and 30, respectively.

    Geese

    Season Dates: Open October 1, 2019, through February 28, 2020.

    Daily Bag and Possession Limits: 7 and 10 geese, respectively.

    Brant

    Season Dates: Open November 1 through 10, 2019.

    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.

    (cc) [Reserved.]

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

    Ducks

    Season Dates: Open September 7 through December 15, 2019.

    Daily Bag Limit: 10 ducks, including no more than 2 female mallards, 2 pintail, and 2 canvasback.

    Mergansers

    Season Dates: Open September 7 through December 15, 2019.

    Daily Bag Limit: Five mergansers, including no more than two hooded mergansers.

    Geese

    Season Dates: Open September 1 through December 15, 2019.

    Daily Bag Limit: 10 geese through September 20, and 5 thereafter.

    Coots

    Season Dates: Open September 1 through November 30, 2019.

    Daily Bag Limit: 20 coots.

    Snipe

    Season Dates: Open September 1 through November 30, 2019.

    Daily Bag Limit: 10 snipe.

    Mourning Dove

    Season Dates: Open September 1 through November 30, 2019.

    Daily Bag Limit: 25 mourning doves.

    Woodcock

    Season Dates: Open September 1 through November 30, 2019.

    Daily Bag Limit: 10 woodcock.

    Rail

    Season Dates: Open September 1 through November 30, 2019.

    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.

    (ee) 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, 2019.

    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, 2019.

    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

    Ducks and Mergansers

    Season Dates: Open October 19, 2019, through January 26, 2020.

    Scaup

    Season Dates: Open November 6, 2019, through January 26, 2020.

    Daily Bag Limits: Seven, including no more than two redheads, one pintail, three scaup (when open), seven mallards (including no more than two hen mallards), and two canvasback. Possession Limits: Twice the daily bag limit.

    Coots

    Season Dates: Open October 19, 2019, through January 26, 2020.

    Daily Bag and Possession Limits: 25 and 50, respectively.

    Canada Geese

    Season Dates: Open October 19, 2019, through January 26, 2020.

    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.

    Start Signature
    Start Printed Page 44772

    Dated: August 13, 2019.

    Rob Wallace,

    Assistant Secretary for Fish and Wildlife and Parks.

    End Signature End Supplemental Information

    [FR Doc. 2019-18356 Filed 8-26-19; 8:45 am]

    BILLING CODE 4333-15-P

Document Information

Effective Date:
8/27/2019
Published:
08/27/2019
Department:
Fish and Wildlife Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
2019-18356
Dates:
This rule takes effect on August 27, 2019.
Pages:
44760-44772 (13 pages)
Docket Numbers:
Docket No. FWS-HQ-MB-2018-0030, FF09M21200-189-FXMB1231099BPP0
RINs:
1018-BD10: Migratory Bird Hunting; 2019-2020 Migratory Game Bird Hunting Regulations
RIN Links:
https://www.federalregister.gov/regulations/1018-BD10/migratory-bird-hunting-2019-2020-migratory-game-bird-hunting-regulations
Topics:
Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife
PDF File:
2019-18356.Pdf
Supporting Documents:
» Duck Hunting FONSI and EA 2019
» Consult on Proposed 19-23 Migratory Game Bird Hunt Regulations
» Economic Analysis of the Migratory Bird Hunting Regulations for the 2019-2020 Season
» Upper Skagit 2019 Proposal
» Tulalip Proposal 2019
» Swinomish 2019 Proposal
» Stillaguamish 2019 Proposal
» Spokane 2019 Proposal
» Shoshone Bannock 2019 Proposals
» Sault Ste Marie Proposal 2019
CFR: (1)
50 CFR 20.110