[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Proposed Rules]
[Pages 35942-35955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12754]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-HQ-MB-2021-0057; FF09M30000-223-FXMB1231099BPP0]
RIN 1018-BF07


Migratory Bird Hunting; Proposed Migratory Bird Hunting 
Regulations on Certain Federal Indian Reservations and Ceded Lands for 
the 2022-23 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or 
we) proposes special migratory bird hunting regulations for certain 
Tribes on Federal Indian reservations, off-reservation trust lands, and 
ceded lands for the 2022-23 migratory bird hunting season. In issuing 
this proposed rule, we followed guidelines for establishing special 
migratory bird hunting regulations for Indian Tribes that recognize the 
reserved hunting rights and management authority of Indian Tribes while 
also ensuring that the migratory game bird resource receives necessary 
protection.

DATES: 
    Written Comments: You must submit comments on the proposed 
regulations by July 14, 2022.
    Information Collection Requirements: If you wish to comment on the 
information collection requirements in this proposed rule, please send 
your comments and suggestions on this information collection by August 
15, 2022.

ADDRESSES: 
    Written Comments: You may submit comments on the proposals by one 
of the following methods:
    <bullet> Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments on Docket No. FWS-HQ-
MB-2021-0057.
    <bullet> U.S. Mail: Public Comments Processing, Attn: FWS-HQ-MB-
2021-0057, U.S. Fish and Wildlife Service; MS: PRB (JAO/3W); 5275 
Leesburg Pike, Falls Church, VA 22041-3803.
    We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments, below, for more information).
    Information Collection Requirements: Send your comments and 
suggestions on the information collection requirements to the Service 
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church, VA 22041-
3803 (mail); or <a href="/cdn-cgi/l/email-protection#2f66414940706c4043436f49585c01484059"><span class="__cf_email__" data-cfemail="1e57707871415d7172725e78696d30797168">[email protected]</span></a> (email). Please reference OMB Control 
Number 1018-0171 in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: Jerome Ford, U.S. Fish and Wildlife 
Service, Department of the Interior, (202) 208-1050. Individuals in the 
United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: 

Background

    Migratory game birds are those bird species so designated in 
conventions between the United States and several foreign nations for 
the protection and management of these birds. Under the Migratory Bird 
Treaty Act (16 U.S.C. 703-712), the Secretary of the Interior is 
authorized to determine when ``hunting, taking, capture, killing, 
possession, sale, purchase, shipment, transportation, carriage, or 
export of any such bird, or any part, nest, or egg'' of migratory game 
birds can take place and to adopt regulations for this purpose. These 
regulations, which are updated annually, must give due regard to ``the 
zones of temperature and to the distribution, abundance, economic 
value, breeding habits, and times and lines of migratory flight of such 
birds'' (16 U.S.C. 704(a)). The Secretary of the Interior has delegated 
to the Service the lead Federal responsibility for managing and 
conserving migratory birds in the United States; however, migratory 
bird management is a cooperative effort of Federal, State, and Tribal 
governments.

Special Migratory Bird Hunting Regulations for Indian Tribes

    In response to Tribal requests for recognition of their reserved 
hunting rights and, for some Tribes, recognition of their authority to 
regulate hunting by both Tribal and nontribal members on their 
reservations, the Service developed guidelines for establishing special 
migratory bird hunting regulations for Indian Tribes (53 FR 31612, 
August 18, 1988). The guidelines include possibilities for:
    (1) On-reservation hunting by both Tribal and nontribal members, 
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 the 
usual Federal frameworks for season dates and length, and for daily bag 
and possession limits; and
    (3) Off-reservation hunting by Tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines must 
be consistent with the closed season on migratory game birds between 
March 10 and September 1 (exclusive of these dates) mandated by the 
1916 Convention between the United States and Great Britain (for 
Canada/cackling geese) for the Protection of Migratory Birds (Treaty). 
The guidelines apply to those Tribes having recognized reserved hunting 
rights on Federal Indian reservations (including off-reservation trust 
lands) and on ceded lands. They also apply to establishing migratory 
bird hunting regulations for nontribal members on all lands within the 
exterior boundaries of reservations where Tribes have full wildlife 
management authority over such

[[Page 35943]]

hunting or where the Tribes and affected States otherwise have reached 
agreement over hunting by nontribal members on lands owned by non-
Indians within the reservation.
    Tribes usually have the authority to regulate migratory bird 
hunting by nonmembers on Indian-owned reservation lands, subject to 
Service approval. The question of jurisdiction is more complex on 
reservations that include lands owned by non-Indians, especially when 
the surrounding States have established or intend to establish 
regulations governing hunting by non-Indians on these lands. In such 
cases, we encourage the Tribes and States to reach agreement on 
regulations that would apply throughout the reservations. When 
appropriate, we will consult with a Tribe and State with the aim of 
facilitating an accord. We also will consult jointly with Tribal and 
State officials in the affected States where Tribes wish to establish 
special hunting regulations for Tribal members on ceded lands.
    Because of past questions regarding interpretation of what events 
trigger the consultation process, as well as who initiates it, we 
provide the following clarification: We routinely provide Federal 
Register publications and biological status reports pertaining to 
migratory bird management and regulations online for all State 
Directors, Tribes, and other interested parties. It is the 
responsibility of the States, Tribes, and others to notify us of any 
concern regarding proposed and final regulations. When we receive such 
notification, we will initiate consultation.
    Our guidelines for establishing special migratory bird hunting 
regulations for Indian Tribes provide for the continued harvest of 
waterfowl and other migratory game birds by Tribal members on 
reservations where such harvest has been a customary practice. We do 
not oppose this harvest, provided it does not take place during the 
closed season defined by the Treaty and does not adversely affect the 
status of the migratory bird resource. Before developing the 
guidelines, we reviewed information on the status of migratory bird 
populations and Tribal member participation in migratory bird hunting 
on Federal Indian reservations and evaluated the potential impact of 
Tribal member hunting on the migratory bird resource. We concluded that 
the impact of migratory bird harvest by Tribal members hunting on their 
reservations is minimal.
    We conclude the guidelines provide appropriate opportunity to 
accommodate the reserved hunting rights and management authority of 
Indian Tribes while ensuring that the migratory bird resource receives 
necessary protection. The conservation of this important international 
resource is paramount. While the guidelines should not be viewed as 
inflexible, we note that they have been employed successfully since 
1985. We should stress here, however, that use of the guidelines is not 
mandatory, and no action is required if a Tribe wishes to observe the 
hunting regulations established by the State(s) in which the 
reservation is located.

Hunting Season Proposals From Indian Tribes and Organizations

    On August 31, 2021, we published in the Federal Register (86 FR 
48649) a proposal to amend 50 CFR part 20 to establish open hunting 
seasons and daily bag and possession limits for certain designated 
groups or species of migratory game birds for 2022-23 in the contiguous 
United States, Alaska, Hawaii, Puerto Rico, and the U.S. Virgin 
Islands. The proposal provided a background and overview of the 
migratory bird hunting regulations process and addressed the 
establishment of seasons, limits, and other regulations for hunting 
migratory game birds. The proposed rule also invited proposals from 
Tribes that want to establish special hunting regulations for the 2022-
23 migratory game bird hunting season.
    For the 2022-23 migratory game bird hunting season, we received 
requests from 29 Tribes and Indian organizations for special hunting 
regulations. In this proposed rule, we respond to these 29 requests, 
and they are identified in paragraphs (a)-(cc) below. We actively 
solicit regulatory proposals from other Tribal groups that are 
interested in working cooperatively for the benefit of waterfowl and 
other migratory game birds. We encourage Tribes to work with us to 
develop agreements for management of migratory bird resources on Tribal 
lands.
    The proposed frameworks for migratory game bird hunting regulations 
were published in the Federal Register on February 2, 2022 (87 FR 
5946). As previously discussed, no action is required by Tribes wishing 
to observe migratory bird hunting regulations established by the 
State(s) where they are located.
    Below are the proposed special migratory bird hunting regulations 
for the 2022-23 seasons based on requests from Tribes that meet the 
established criteria or have recently proposed special hunting 
regulations. Before developing the proposed hunting regulations, we 
reviewed information on the status of migratory bird populations and 
expected harvest associated with these regulations and evaluated the 
potential impact of this harvest on the migratory bird resource. We 
concluded that the impact of migratory bird harvest associated with 
these special regulations is minimal, and we propose to approve all the 
Tribal requests.

(a) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Tribal and Nontribal Members)

    For the past several years, the Confederated Salish and Kootenai 
Tribes and the State of Montana have entered into cooperative 
agreements for the regulation of hunting on the Flathead Indian 
Reservation. The State and the Tribes are currently operating under a 
cooperative agreement signed in 1990, which addresses fishing and 
hunting management and regulation issues of mutual concern. This 
agreement enables all hunters to utilize waterfowl hunting 
opportunities on the reservation.
    As in the past, Tribal regulations for nontribal members would be 
at least as restrictive as Federal frameworks for the Pacific Flyway 
portion of Montana. Goose, duck, and coot season dates would also be at 
least as restrictive as Federal frameworks for the Pacific Flyway 
portion of Montana. Shooting hours for waterfowl hunting on the 
Flathead Reservation are sunrise to sunset. Steel shot or other 
federally approved nontoxic shot are the only legal shotgun loads 
allowed on the reservation for waterfowl or other game bird hunting.
    For Tribal members, the Tribe requested duck and goose seasons 
September 1, 2022, through March 10, 2023. Daily bag and possession 
limits were not proposed for Tribal members.
    The requested season dates and bag limits are similar to past 
regulations. Harvest levels are not expected to change significantly. 
Standardized check station data from the 1993-94 and 1994-95 hunting 
seasons indicated no significant changes in harvest levels and that a 
large majority of the harvest is by nontribal members.

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

    Since 1996, the Service and the Fond du Lac Band of Lake Superior 
Chippewa Indians have cooperated to establish special migratory bird 
hunting regulations for Tribal members. The Fond du Lac's proposal 
covers land set apart for the band under the Treaties of

[[Page 35944]]

1837 and 1854 in northeastern and east-central Minnesota and the Band's 
Reservation near Duluth.
    The band's requested 2022-23 seasons are essentially the same as 
those approved last year. The requested 2022-23 waterfowl hunting 
season regulations for Fond du Lac are as follows:
Ducks
    A. 1854 and 1837 Ceded Territories:
    Season Dates: September 1-November 30, 2022.
    Daily Bag Limit: 18 ducks, including no more than 12 mallards or 9 
of any other species.
    B. Reservation:
    Season Dates: September 1-November 30, 2022.
    Daily Bag Limit: 12 ducks, including no more than 8 mallards or 6 
of any other species.
Mergansers
    A. 1854 and 1837 Ceded Territories:
    Season Dates: September 1-November 30, 2022.
    Daily Bag Limit: 15 mergansers, including no more than 6 hooded 
mergansers.
    B. Reservation:
    Season Dates: September 1-November 30, 2022.
    Daily Bag Limit: 10 mergansers, including no more than 4 hooded 
mergansers.
Canada/Cackling Geese: All Areas
    Season Dates: September 1-November 30, 2022.
    Daily Bag Limit: 20 Canada/cackling geese.
Sandhill Cranes: 1854 and 1837 Ceded Territories Only
    Season Dates: September 1-November 30, 2022.
    Daily Bag Limit: 3 sandhill cranes. A crane carcass tag is required 
prior to hunting.
Tundra and Trumpeter Swans: Reservation Only
    Season Dates: September 1-November 30, 2022.
    Daily Bag Limit: 2 swans. Swan carcass tags are required prior to 
hunting.
Coots and Common Gallinules: All Areas
    Season Dates: September 1-November 30, 2022.
    Daily Bag Limit: 20 coots and common gallinules in the aggregate.
Sora and Virginia Rails: All Areas
    Season Dates: September 1-November 30, 2022.
    Daily Bag Limit: 25 sora and Virginia rails in the aggregate.
Snipe: All Areas
    Season Dates: September 1-November 30, 2022.
    Daily Bag Limit: 8 snipe.
Woodcock: All Areas
    Season Dates: September 1-November 30, 2022.
    Daily Bag Limit: 3 woodcock.
Mourning Doves: All Areas
    Season Dates: September 1-November 30, 2022.
    Daily Bag Limit: 30 mourning doves.
    The following general conditions apply:
    1. While hunting waterfowl, a Tribal member must carry on his/her 
person a valid Ceded Territory License.
    2. Shooting hours for migratory birds are one-half hour before 
sunrise to one-half hour after sunset.
    3. Except as otherwise noted, Tribal members will be required to 
comply with Tribal codes that will be no less restrictive than the 
provisions of chapter 10 of the Model Off-Reservation Code. Except as 
modified by the Service rules adopted in response to this proposal, 
these amended regulations parallel Federal requirements in 50 CFR part 
20 as to hunting methods, transportation, sale, exportation, and other 
conditions generally applicable to migratory bird hunting.
    4. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    5. There are no possession limits for migratory birds. 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.
    The band anticipates harvest will be fewer than 250 ducks and 
geese, and fewer than 10 sandhill cranes and 10 trumpeter swans.

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

    In the 1995-96 migratory bird seasons, the Grand Traverse Band of 
Ottawa and Chippewa Indians and the Service first cooperated to 
establish special regulations for waterfowl. The Grand Traverse Band is 
a self-governing, federally recognized Tribe located on the west arm of 
Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse 
Band is a signatory Tribe of the Treaty of 1836. We have approved 
special regulations for Tribal members of the 1836 treaty's signatory 
Tribes on ceded lands in Michigan since the 1986-87 hunting season.
    For the 2022-23 season, the Tribe requested a duck season during 
September 1, 2022, through January 20, 2023. The daily bag limit would 
be 35 ducks and include no more than 8 pintail, 4 canvasbacks, 5 hooded 
mergansers, 8 black ducks, 10 wood ducks, 8 redheads, and 20 mallards 
(only 10 of which may be females).
    For Canada/cackling geese and snow geese, the Tribe requested a 
season during September 1, 2022, through February 15, 2023. For white-
fronted geese and brant, the Tribe requested a season during September 
20 through December 30, 2022. The daily bag limit for Canada/cackling 
geese and snow geese would be 15 of each/in the aggregate, and the 
daily bag limit for white-fronted geese, including brant, would be 5 of 
each/in the aggregate. We further note that, based on available data 
(of major goose migration routes), it is unlikely that any Canada/
cackling geese from the Southern James Bay Population will be harvested 
by the Tribe.
    For woodcock, the Tribe proposes a season during September 1 
through November 14, 2022. The daily bag limit will not exceed 5 
woodcock.
    For mourning doves, the Tribe proposes a season during September 1 
through November 14, 2022. The daily bag limit would be 25 mourning 
doves.
    For sandhill cranes, the Tribe proposes a season during September 1 
through November 14, 2022. The daily bag limit would be 2 and a season 
limit of 4 sandhill cranes.
    For snipe and rails (sora and Virginia Rail), the Tribe proposes a 
season during September 1 through November 14, 2022. The daily bag 
limit would be 10 of each species.
    Shooting hours would be from one-half hour before sunrise to one-
half hour after sunset. All other Federal regulations contained in 50 
CFR part 20 would apply including required use of nontoxic shot. The 
Tribe proposes to monitor harvest through game bag checks, patrols, and 
mail surveys. Harvest surveys from the 2013-14 hunting season indicated 
that approximately 30 Tribal members harvested an estimated 100 ducks 
and 45 Canada/cackling geese.

[[Page 35945]]

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

    Since 1985, various bands of the Lake Superior Tribe of Chippewa 
Indians have exercised judicially recognized, off-reservation hunting 
rights for migratory birds in Wisconsin. The specific regulations were 
established by the Service in consultation with the Wisconsin 
Department of Natural Resources and the Great Lakes Indian Fish and 
Wildlife Commission (GLIFWC), an intertribal agency exercising 
delegated natural resource management and regulatory authority from its 
member Tribes in portions of Wisconsin, Michigan, and Minnesota. 
Beginning in 1986, a Tribal season on ceded lands in the western 
portion of the Michigan Upper Peninsula was developed in coordination 
with the Michigan Department of Natural Resources. We have approved 
regulations for Tribal members in both Michigan and Wisconsin since the 
1986-87 hunting season. In 1987, GLIFWC requested, and we approved, 
regulations to permit Tribal members to hunt on ceded lands in 
Minnesota, as well as in Michigan and Wisconsin. The States of Michigan 
and Wisconsin originally concurred with the regulations, although both 
Wisconsin and Michigan have raised various concerns over the years. 
Minnesota did not concur with the original regulations, stressing that 
the State would not recognize Chippewa Indian hunting rights in 
Minnesota's treaty area until a court with jurisdiction over the State 
acknowledges and defines the extent of these rights. In 1999, the U.S. 
Supreme Court upheld the existence of the Tribes' treaty reserved 
rights in Minnesota v. Mille Lacs Band, 199 S. Ct. 1187 (1999).
    We acknowledge all of the States' concerns but point out that the 
U.S. Government has recognized the Indian treaty reserved rights, and 
that acceptable hunting regulations have been successfully implemented 
in Minnesota, Michigan, and Wisconsin. Consequently, in view of the 
above, we have approved regulations since the 1987-88 hunting season on 
ceded lands in all three States. In fact, this recognition of the 
principle of treaty reserved rights for band members to hunt and fish 
was pivotal in our decision to approve a 1991-92 season for the 1836 
ceded area in Michigan. Since then, in the 2007 Consent Decree, the 
1836 Treaty Tribes and the Michigan Department of Natural Resources and 
Environment established court-approved regulations pertaining to off-
reservation hunting rights for migratory birds.
    For 2022, GLIFWC proposes off-reservation special migratory bird 
hunting regulations on behalf of the member Tribes of the Voigt 
Intertribal Task Force of GLIFWC (for the 1837 and 1842 Treaty areas in 
Wisconsin and Michigan), the Mille Lacs Band of Ojibwe and the six 
Wisconsin Bands (for the 1837 Treaty area in Minnesota), and the Bay 
Mills Indian Community (for the 1836 Treaty area in Michigan). Member 
Tribes of the Task Force are as follows:

------------------------------------------------------------------------
          Wisconsin                 Minnesota             Michigan
------------------------------------------------------------------------
Bad River Band of the Lake    Mille Lacs Band of    Lac Vieux Desert
 Superior Tribe of Chippewa    Chippewa Indians.     Band of Chippewa
 Indians.                                            Indians.
Lac Courte Oreilles Band of   Fond du Lac Band of   Keweenaw Bay Indian
 Lake Superior Chippewa        Lake Superior         Community.
 Indians.                      Chippewa Indians.
Lac du Flambeau Band of Lake
 Superior Chippewa Indians.
Red Cliff Band of Lake
 Superior Chippewa Indians.
St. Croix Chippewa Indians
 of Wisconsin.
Sokaogon Chippewa Community
 (Mole Lake Band).
------------------------------------------------------------------------

    This year, GLIFWC requested operational use of enhanced methods of 
take (electronic calls and handheld nets) beginning with the 2022-23 
hunting season in the 1837 and 1842 Treaty Areas. These methods were 
authorized over the past three hunting seasons as part of an 
experimental season; however, limited use of these methods by Tribal 
hunters made evaluation of their use difficult. The Service agreed to 
allow use of these enhanced methods of take for the next two hunting 
seasons to aid in evaluation, and a Memorandum of Agreement (MOA) is 
being developed with GLIFWC.
    Under GLIFWC's proposed 2022-23 regulations, GLIFWC expects total 
ceded territory harvest to be approximately 2,000 to 3,000 ducks, 500 
to 900 geese, fewer than 60 sandhill cranes, and 25 swans (trumpeter 
and tundra in the aggregate), based on the results from the 5 most 
recent harvest surveys.
    Harvest surveys conducted after the 1996, 1997, 1998, 2001, 2004, 
2007, 2008, 2011, 2012, 2015, 2018, 2019 and 2020 Tribal seasons 
indicate that Tribal off-reservation harvest has averaged approximately 
1,500 ducks and 375 geese annually during this period. Due to the 
limited distribution of doves and dove habitat in the ceded territory, 
and the relatively small number of Tribal off-reservation migratory 
bird hunters, dove harvest is negligible. Two sandhill cranes were 
reported harvested in each of the first three Tribal crane seasons 
(2012-2014), 3 in 2015, 0 in 2016, 15 in 2017, 31 in 2018, 24 in 2019, 
and 36 in 2020. No swans were harvested in the first three Tribal swan 
seasons (2014-2016), but two swans were harvested in 2017 and 2018, 
respectively, nine in 2019, and none in 2020. All swans harvested have 
been trumpeters.
    The proposed 2022-23 waterfowl hunting season regulations apply to 
all treaty areas (except where noted) for GLIFWC as follows:
Ducks
    Season Dates: September 1-December 31, 2022.
    Daily Bag Limit: 50 ducks in the 1837 and 1842 Treaty Area; 30 
ducks in the 1836 Treaty Area.
Mergansers
    Season Dates: September 1-December 31, 2022.
    Daily Bag Limit: 10 mergansers.
Geese
    Season Dates: September 1-December 31, 2022. 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 the aggregate.

[[Page 35946]]

Other Migratory Birds
    A. Coots and Common Gallinules:
    Season Dates: September 1-December 31, 2022.
    Daily Bag Limit: 20 coots and common gallinules in the aggregate.
    B. Sora and Virginia Rails:
    Season Dates: September 1-December 31, 2022.
    Daily Bag and Possession Limits: The daily bag limit is 20 sora and 
Virginia rails in the aggregate, and the possession limit is 25 sora 
and Virginia rails in the aggregate.
    C. Snipe:
    Season Dates: September 1-December 31, 2022.
    Daily Bag Limit: 16 snipe.
    D. Woodcock:
    Season Dates: 1836 Ceded Territory: September 1-December 31, 2022; 
1837 and 1842 Ceded Territories: September 3-December 31, 2022.
    Daily Bag Limit: 10 woodcock.
    E. Mourning Doves: 1837 and 1842 Ceded Territories only.
    Season Dates: September 1-November 29, 2022.
    Daily Bag Limit: 15 mourning doves.
    F. Sandhill Cranes:
    Season Dates: September 1-December 31, 2022.
    Daily Bag Limit: 10 sandhill cranes and no seasonal bag limit in 
the 1837 and 1842 Treaty areas; 3 sandhill cranes and no seasonal bag 
limit in the 1836 Treaty area.
    G. Swans: 1837 and 1842 Ceded Territories only.
    Season Dates: September 1-December 31, 2022.
    Daily Bag Limit: 5 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 20, the swan season will be closed by emergency Tribal rule.
General Conditions
    A. All Tribal members will be required to obtain a valid Tribal 
waterfowl hunting permit.
    B. Except as otherwise noted, Tribal members will be required to 
comply with Tribal codes that will be no less restrictive than the 
model ceded territory conservation codes approved by Federal courts in 
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs 
Band v. State of Minnesota cases. Chapter 10 in each of these model 
codes regulates ceded territory migratory bird hunting. Both versions 
of chapter 10 parallel Federal requirements as to hunting methods, 
transportation, sale, exportation, and other conditions generally 
applicable to migratory bird hunting. They also automatically include 
by reference the Federal migratory bird regulations adopted in response 
to this proposal.
    C. Particular regulations of note include:
    1. Nontoxic shot will be required for all waterfowl hunting by 
Tribal members.
    2. Tribal members in each zone will comply with Tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    3. There are no possession limits, with the exception of 25 rails 
(in the aggregate) and 20 trumpeter swans total. For purposes of 
enforcing bag limits, all migratory birds in the possession and custody 
of Tribal members on ceded lands will be considered to have been taken 
on those lands unless tagged by a Tribal or State conservation warden 
as taken on reservation lands. All migratory birds that fall on 
reservation lands will not count as part of any off-reservation bag or 
possession limit.
    4. 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 (see 
further proposed regulations below). Capturing, without the aid of 
other devices (i.e., by hand), and immediately killing birds subject to 
an open season may also be done regardless of the time of day.
    6. Within the 1837 and 1842 Ceded Territories, Tribal members will 
be allowed to use electronic calls. Individuals using these devices 
will be required to complete a hunt survey for each hunt where 
electronic calls are used. 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. Survey results will be summarized and documented in a 
Commission report, which will be submitted to the Service. Barring 
unforeseen results, this application will be replicated for 2 years 
(through the 2023-24 season), 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 handheld nets typically used to land fish) and 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 will 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 complete a hunt survey for each hunt where these 
methods are used; and they will be required to submit the data to the 
Commission when requested at the end of the season. 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. Results will be 
summarized and documented in a Commission report, which will be 
submitted to the Service. Barring unforeseen results, this application 
will be replicated for 2 years (through the 2023-24 season), after 
which a full evaluation would be completed.

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

    The Jicarilla Apache Tribe has had special migratory bird hunting 
regulations for Tribal members and nonmembers since the 1986-87 hunting 
season. The Tribe owns all lands on the reservation and has recognized 
full wildlife management authority.
    The Tribe requested a 2022-23 waterfowl season during October 8 
through November 30, 2022. Daily bag and possession limits for 
waterfowl would be the same as the Federal frameworks for the Pacific 
Flyway portion of New Mexico, except that the Tribe requested daily bag 
and possession limits for Canada/cackling geese of two and four, 
respectively. Other regulations specific to the Pacific Flyway portion 
of New Mexico would be in effect.
    During the Jicarilla Game and Fish Department's 2019 season, 
estimated duck harvest was 205. The species composition included mainly 
mallards, and gadwall. The estimated harvest of geese was nine birds.
    The proposed regulations are essentially the same as were 
established last year. The Tribe anticipates the maximum 2022-23 
waterfowl harvest would be around 200 ducks and 20 geese.

[[Page 35947]]

(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Members)

    The Kalispel Reservation was established by Executive Order in 
1914, and currently comprises approximately 4,600 acres. The Tribe owns 
all Reservation land and has full management authority. The Kalispel 
Tribe has a fully developed wildlife program with hunting and fishing 
codes. The Tribe enjoys excellent wildlife management relations with 
the State. The Tribe and the State have an operational memorandum of 
understanding with emphasis on fisheries but also for wildlife.
    The nontribal member seasons described below would pertain to a 
176-acre waterfowl management unit and 800 acres of reservation land. 
Hunters must be accompanied by a guide from the Tribe. The Tribe is 
utilizing this opportunity to rehabilitate an area that needs 
protection because of past land use practices, as well as to provide 
additional waterfowl hunting in the area. Beginning in 1996, the 
requested regulations also included a proposal for Kalispel-member-only 
migratory bird hunting on Kalispel-ceded lands within Washington, 
Montana, and Idaho.
    The Kalispel Tribe requested duck and goose seasons for Tribal 
members only on reservation lands with dates consistent with Federal 
framework dates (September 24, 2022-January 31, 2023).
    For nontribal members on Tribally managed lands, the Tribe 
requested duck and goose seasons with the earliest possible opening 
date and to remain open for the maximum number of days allowed by 
Federal frameworks (107 days from September 24, 2022-January 8, 2023). 
The Tribe requested a season for ducks during September 24-25, 2022, 
and during October 1, 2022, through January 8, 2023. Hunters should 
obtain further information on specific hunt days from the Kalispel 
Tribe.
    For nontribal members, the daily bag and possession limits would be 
the same as those for the duck and goose season in the State of 
Washington.
    The Tribe reports past nontribal member harvest of 1.5 ducks per 
day. Under the proposal, the Tribe expects harvest to be similar to 
last year, that is, fewer than 100 geese and 160 ducks.
    All other State and Federal regulations contained in 50 CFR part 
20, such as use of nontoxic shot and possession of a signed Migratory 
Bird Hunting and Conservation Stamp (Duck Stamp), would apply.
    For Tribal members on Kalispel-ceded lands, the Kalispel Tribe 
requested a duck season during October 1, 2022, through January 31, 
2023, and a goose season during September 3, 2022, through January 31, 
2023. Daily bag and possession limits would be consistent with those 
for the State of Washington.
    The Tribe reports that there was no harvest by Tribal members in 
2021-22. Under the proposal, the Tribe expects harvest to be fewer than 
200 birds total for the season. Tribal members would be required to 
possess a signed Federal Duck Stamp and a Tribal ceded lands permit.

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

    The Klamath Tribe currently has no reservation, per se. However, 
the Klamath Tribe has reserved hunting, fishing, and gathering rights 
within its former reservation boundary. This area of former 
reservation, granted to the Klamaths by the Treaty of 1864, is over 1 
million acres. Tribal natural resource management authority is derived 
from the Treaty of 1864 and carried out cooperatively under the 
judicially enforced Consent Decree of 1981. The parties to this Consent 
Decree are the Federal Government, the State of Oregon, and the Klamath 
Tribe. The Klamath Indian Game Commission sets the seasons. The Tribal 
biological staff and Tribal regulatory enforcement officers monitor 
Tribal harvest by frequent bag checks and hunter interviews.
    The Tribe requested duck and goose seasons during October 5, 2022, 
through January 31, 2023. Daily bag limits would be nine ducks, nine 
geese, and nine coots, with possession limits two times the daily bag 
limit. Shooting hours would be one-half hour before sunrise to one-half 
hour after sunset. Steel shot is required.
    Based on the number of birds produced in the Klamath Basin, this 
year's harvest would be similar to last year's. Past information on 
Tribal harvest suggests that more than 70 percent of the annual goose 
harvest is local birds produced in the Klamath Basin.

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

    The Leech Lake Band of Ojibwe is a federally recognized Tribe 
located in Cass Lake, Minnesota. The reservation employs conservation 
officers to enforce conservation regulations. The Service and the Tribe 
have cooperatively established migratory bird hunting regulations since 
2000.
    The Tribe requested a duck season during September 3 through 
December 31, 2022, and a goose season during September 3 through 
December 31, 2022. Daily bag limits for ducks would be 10 ducks, 
including no more than 5 pintail, 5 canvasbacks, and 5 black ducks. 
Daily bag limits for geese would be 10 geese. Possession limits would 
be two times the daily bag limit.
    Shooting hours are one-half hour before sunrise to one-half hour 
after sunset. Only steel or other approved nontoxic shot may be used to 
harvest waterfowl. Waterfowl may not be pursued or taken while under 
the power of a motorized watercraft. Use of live decoys, bait, and 
commercial use of migratory birds is prohibited. No hunting will be 
allowed on or near a wild rice bed that is being actively harvested. No 
travel by boat is allowed within a wild rice bed. Nonnative species 
must be removed from watercraft and hunting equipment before leaving an 
access point. Several waterfowl refuges are closed to the taking of 
waterfowl.
    The annual harvest by Tribal members on the Leech Lake Reservation 
is estimated at 250 to 500 birds.

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

    The Little River Band of Ottawa Indians (LRBOI) is a self-
governing, federally recognized Tribe located in Manistee, Michigan, 
and a signatory Tribe of the Treaty of 1836. We have approved special 
regulations for Tribal members of the 1836 treaty's signatory Tribes on 
ceded lands in Michigan since the 1986-87 hunting season. Ceded lands 
are located in Lake, Mason, Manistee, and Wexford Counties. The Band 
proposes regulations to govern the hunting of migratory birds by Tribal 
members within the 1836 Ceded Territory as well as on the Band's 
Reservation.
    LRBOI requested a duck and merganser season from September 1, 2022, 
through January 31, 2023. The daily bag limit would be 12 ducks and 
include no more than 2 pintail, 4 canvasbacks, 4 black ducks, 6 wood 
ducks, 4 redheads, 8 mallards (only 4 of which may be female), 10 
common and red-breasted mergansers, and 2 hooded mergansers. Possession 
limits would be three times the daily bag limit.
    For coots and gallinules, the Tribe requested a season during 
September 14, 2022, through January 31, 2023. Daily bag limits would be 
30 coots and gallinules and 60 in possession.
    For geese, the Tribe requested a season during September 1, 2022, 
through February 15, 2023. Daily bag limits would be 10 geese.
    For woodcock, snipe, and rails (sora and Virginia), the Tribe 
requested a

[[Page 35948]]

season during September 1, 2022, through December 31, 2022. The daily 
bag limit would be 5 woodcock and 25 snipe or rails in the aggregate. 
Possession limits for all species would be three times the daily bag 
limit.
    For mourning doves, the Tribe requested a season during September 
1, 2022, through March 1, 2023, with a daily bag limit of 25 mourning 
doves. The possession limit would be three times the daily bag limit.
    For sandhill cranes, the Tribe requested a season during September 
1, 2022, through December 31, 2022, with a daily bag limit of two 
sandhill cranes. The possession limit would be three times the daily 
bag limit.
    The Tribe monitors harvest through mail surveys.
    General conditions are as follows:
    A. All Tribal members will be required to obtain a valid Tribal 
resource card and 2022-23 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.

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

    The Little Traverse Bay Bands of Odawa Indians (LTBB) is a self-
governing, federally recognized Tribe located in Petoskey, Michigan, 
and a signatory Tribe of the Treaty of 1836. We have approved special 
regulations for Tribal members of the 1836 treaty's signatory Tribes on 
ceded lands in Michigan since the 1986-87 hunting season.
    For the 2022-23 season, the LTBB requested regulations similar to 
those of other Tribes in the 1836 treaty area. The LTBB requested 
regulations to govern the hunting of migratory birds by Tribal members 
on the LTBB reservation and within the 1836 Treaty Ceded Territory. The 
duck and merganser season would be during September 1, 2022, through 
January 31, 2023. The daily bag limit would be 20 ducks and 10 
mergansers and would include no more than 5 female mallards, 5 pintail, 
5 canvasbacks, 5 scaup, 5 hooded mergansers, 5 black ducks, 5 wood 
ducks, and 5 redheads. Possession limits would be two times the daily 
bag limit.
    For Canada/cackling geese, the LTBB requested a season during 
September 1, 2022, through February 8, 2023. The daily bag limit would 
be 20 Canada/cackling geese. We further note that, based on available 
data (of major goose migration routes), it is unlikely that any Canada/
cackling geese from the Southern James Bay Population would be 
harvested by the LTBB. Possession limits are twice the daily bag limit.
    For woodcock, the LTBB requested a season during September 1 
through December 1, 2022. The daily bag limit will not exceed 10 
woodcock. For snipe, the LTBB requested a season during September 1 
through December 31, 2022. The daily bag limit will not exceed 15 
snipe. For mourning doves, the LTBB requested a season during September 
1 through November 14, 2022. The daily bag limit will not exceed 15 
mourning doves. For sora and Virginia rails, the LTBB requested a 
season during September 1 through December 31, 2022. The daily bag 
limit will not exceed 20 sora and 20 Virginia rails. For coots and 
gallinules, the LTBB requested a season during September 1 through 
December 31, 2022. The daily bag limit would not exceed 20 coots and 20 
gallinules. The possession limits would be two times the daily bag 
limits.
    The LTBB also proposes a sandhill crane season during September 1 
through December 1, 2022. The daily bag limit would be two sandhill 
cranes. The possession limit would be two times the daily bag limit.
    All other Federal regulations contained in 50 CFR part 20 would 
apply, except the Tribe proposes the use of electronic calls for all 
species proposed. The Tribe has agreed to extend the experimental MOA 
with the Service regarding the use of electronic calling through the 
2022-23 season.
    The LTBB proposes to monitor harvest through game bag checks, 
patrols, and mail surveys. In particular, the LTBB proposes monitoring 
the harvest of Southern James Bay Canada/cackling geese and sandhill 
cranes to assess any impacts of Tribal hunting on the population.

(k) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Nontribal Members)

    The Lower Brule Sioux Tribe first established Tribal migratory bird 
hunting regulations for the Lower Brule Reservation in 1994. The Lower 
Brule Reservation is about 214,000 acres in size and is located on and 
adjacent to the Missouri River, south of Pierre. Land ownership on the 
reservation is mixed, and until recently, the Lower Brule Tribe had 
full management authority over fish and wildlife via an MOA with the 
State of South Dakota. The MOA provided the Tribe jurisdiction over 
fish and wildlife on reservation lands, including deeded and U.S. Army 
Corps of Engineers-taken lands. For the 2022-23 season, the two parties 
have come to an agreement that provides the public a clear 
understanding of the Lower Brule Sioux Wildlife Department license 
requirements and hunting season regulations. The Lower Brule 
Reservation waterfowl season is open to Tribal and nontribal members.
    For the 2022-23 migratory bird hunting season, the Lower Brule 
Sioux Tribe requested a nontribal member duck, merganser, and coot 
season length of 97 days, or the maximum number of days allowed by 
Federal frameworks in the High Plains Management Unit for this season. 
The Tribe proposes a duck season during October 1, 2022, through 
January 5, 2023. The daily bag limit would be six ducks (including 
merganser) or the maximum number that Federal frameworks allow, 
including no more than two female mallards and five mallards in total, 
two pintail, two redheads, two canvasbacks, three wood duck, three 
scaup, and one mottled duck. Two bonus blue-winged teal are allowed 
during October 1-16, 2022. The daily bag limit for coots would be 15. 
Possession limits would be three times the daily bag limits.
    The Tribe requested a nontribal member Canada/cackling goose season 
during October 29, 2022, through February 12, 2023 (107-day season 
length), with a daily bag limit of six Canada/cackling geese. The Tribe 
requested a nontribal member white-fronted goose season during October 
22, 2022, through January 17, 2023, with a daily bag limit of two 
white-fronted geese and possession limit of three times the daily bag 
limit. The Tribe requested a nontribal-member light goose season during 
October 22, 2022, through February 5, 2023. The daily bag limit would 
be 20 light geese, or the maximum number that Federal

[[Page 35949]]

frameworks allow, with no possession limits.
    The Tribe requested a dove season for nontribal members during 
September 1, 2022, through November 29, 2022. The daily bag limit would 
be 15 doves and possession limit three times the daily bag limit.
    For Tribal members, the Lower Brule Sioux Tribe requested a duck, 
merganser, and coot season during September 1, 2022, through March 10, 
2023. The daily bag limit would be six ducks, including no more than 
two female mallards and five mallards in total, one pintail, two 
redheads, two canvasbacks, three wood ducks, three scaup, two bonus 
teal during the first 16 days of the season, and two mottled ducks or 
the maximum number that Federal frameworks allow. The daily bag limit 
for mergansers would be five, only two of which could be hooded 
mergansers. The daily bag limit for coots is 15. Possession limits 
would be three times the daily bag limits.
    The Tribe requested a Canada/cackling goose season for Tribal 
members during September 1, 2022, through March 10, 2023, with a daily 
bag limit of six Canada/cackling geese. The possession limit would be 
three times the daily bag limit. The Tribe requested a white-fronted 
goose season for Tribal members during September 1, 2022, through March 
10, 2023, with a daily bag limit of two white-fronted geese and a 
possession limit of three times the daily bag limit, or the maximum 
limits that Federal regulations allow. The Tribe requested a light 
goose season for Tribal members during September 1, 2022, through March 
10, 2023. The daily bag limit would be 20 light geese, or the maximum 
number that Federal frameworks allow, with no possession limits.
    The Tribe requested a dove season for Tribal members during 
September 1, 2022, through January 31, 2023. The daily bag limit would 
be 15 doves, and the possession limit would be three times the daily 
bag limit.
    In the 2020 season, nontribal members harvested 125 geese and 821 
ducks. Estimated duck harvest was 45 percent higher than the average 
harvest from 1993 through 2019. Goose harvest was 70 percent lower than 
the 1993-2019 average. Tribal members harvested approximately 119 ducks 
and 64 geese in 2020.
    The Tribe anticipates a duck and goose harvest similar to those of 
the previous years. All basic Federal regulations contained in 50 CFR 
part 20, including the use of nontoxic shot, Duck Stamps, etc., would 
apply. In addition, the Lower Brule Sioux Tribe has an official 
Conservation Code that was established by Tribal Council Resolution in 
June 1982 and updated in 1996.

(l) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal Members 
Only)

    Since 1996, the Service and the Point No Point Treaty Tribes, of 
which Lower Elwha was one, have cooperated to establish special 
regulations for migratory bird hunting. The Tribes are now acting 
independently, and it is our understanding that the Lower Elwha Klallam 
Tribe would like to establish migratory bird hunting regulations for 
Tribal members for the 2022-23 season. The Tribe has a reservation on 
the Olympic Peninsula in Washington State and is a successor to the 
signatories of the Treaty of Point No Point of 1855.
    For the 2022-23 season, the Tribe requested special migratory bird 
hunting regulations for ducks (including merganser), geese, coots, 
band-tailed pigeons, snipe, and mourning doves. The Lower Elwha Klallam 
Tribe requested a duck and coot season during September 4, 2022, 
through January 2, 2023. The daily bag limit would be seven ducks, 
including no more than two female mallards, one pintail, one 
canvasback, and two redheads. The daily bag and possession limit of 
harlequin ducks is one per season. The coot daily bag limit would be 
25. The possession limit would be two times the daily bag limit, except 
as noted above.
    For geese, the Tribe requested a season during September 4, 2022, 
through January 2, 2023. The daily bag limit would be four geese, 
including no more than three light geese. The season on Aleutian 
Canada/cackling geese would be closed.
    For brant, the Tribe requested to maintain a closed season.
    For mourning doves and band-tailed pigeon, the Tribe requested 
seasons during September 1, 2022, through February 27, 2023, with a 
daily bag limit of 10 mourning doves, and 2 band-tailed pigeons. The 
possession limits would be two times the daily bag limits.
    For snipe, the Tribe requested a season during September 4, 2022, 
through January 2, 2023, with a daily bag limit of eight snipe. The 
possession limit would be two times the daily bag limit.
    All Tribal hunters authorized to hunt migratory birds are required 
to obtain a Tribal hunting permit from the Lower Elwha Klallam Tribe 
pursuant to Tribal law. Hunting hours would be from one-half hour 
before sunrise to sunset. Only steel, tungsten-iron, tungsten-polymer, 
tungsten-matrix, and tin shot are allowed for hunting waterfowl. It is 
unlawful to use or possess lead shot while hunting waterfowl.
    The Tribe reported no harvest in 2020-21 or 2021-22 and anticipates 
harvest to be fewer than 10 birds. Tribal reservation police and Tribal 
fisheries enforcement officers have the authority to enforce these 
migratory bird hunting regulations for the Lower Elwha Klallam Tribe.

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

    The Makah Indian Tribe and the Service have been cooperating to 
establish special regulations for migratory game birds on the Makah 
Reservation and traditional hunting land off the Makah Reservation 
since the 2001-02 hunting season. Lands off the Makah Reservation are 
those contained within the boundaries of the State of Washington Game 
Management Units 601-603.
    The Makah Indian Tribe requested a duck and coot season from 
September 24, 2022, through January 31, 2023. The daily bag limit would 
be seven ducks, including no more than seven mallards (only two female 
mallards), two canvasbacks, one pintail, three scaup, and two redheads. 
The daily bag limit for coots would be 25. The Tribe has a year-round 
closure on wood ducks and harlequin ducks. Shooting hours for all 
species of waterfowl are one-half hour before sunrise to sunset.
    For geese, the Tribe proposes a season during September 24, 2022, 
through January 31, 2023. The daily bag limit would be 4 Canada/
cackling geese, 10 white-fronted geese, 10 light geese, and 2 brant. 
The Tribe notes that there is a year-round closure on dusky Canada 
geese.
    For band-tailed pigeons, the Tribe requested a season during 
September 15 through September 23, 2022. The daily bag limit would be 
two band-tailed pigeons.
    The Tribe anticipates that harvest under these regulations would be 
relatively low since there are no known dedicated waterfowl hunters and 
any harvest of waterfowl or band-tailed pigeons is usually incidental 
to hunting for other species, such as deer, elk, and bear. The Tribe 
expects fewer than 50 ducks and 10 geese to be harvested during the 
2022-23 migratory bird hunting season.
    All other Federal regulations contained in 50 CFR part 20 would 
apply. The following restrictions are also proposed by the Tribe:
    1. As per Makah Ordinance 44, only shotguns may be used to hunt any

[[Page 35950]]

species of waterfowl. Additionally, shotguns must not be discharged 
within 300 feet of an occupied building, occupied area, or active 
logging operation.
    2. Hunters must be eligible enrolled Makah Tribal members and must 
carry their Indian Treaty Fishing and Hunting Identification Card while 
hunting. See Makah General Hunting Regulations.
    3. The Makah Reservation Area is open except in designated 
wilderness areas, or within 1 mile of Cape Flattery and Shi-Shi Trails, 
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. Only approved nontoxic shot is allowed for waterfowl; the use of 
lead shot is prohibited.
    6. The use of dogs is permitted to hunt all species under this 
regulation.
    7. Hunters must report any neck or leg bands placed by the Federal 
Government to Natural Resources Enforcement or by calling 1-800-327-
BAND.

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

    The Muckleshoot Tribe is a federally recognized Tribe with reserved 
hunting rights under the Treaty of Medicine Creek 1854 and Treaty of 
Point Elliott 1855. Hunting occurs within the treaty areas as well as 
on lands traditionally hunted by the Muckleshoot Indian Tribe.
    The Muckleshoot Indian Tribe requested a duck, merganser, and coot 
season during September 1, 2022, through March 10, 2023. The daily bag 
limit would be seven, including no more than two female mallards, two 
canvasbacks, two pintail, three scaup, two redheads, two scoters, two 
long-tailed ducks, and two goldeneyes. The daily bag limit for coots 
would be 25. The limit on harlequin ducks would be one per season.
    For geese, the Tribe requested a season during September 1, 2022, 
through March 10, 2023. The daily bag limit would be 4 Canada/cackling 
geese, 6 light geese, 10 white-fronted geese, and 2 brant. The season 
on dusky Canada geese would be closed.
    For band-tailed pigeons, mourning doves, and snipe, the Tribe 
requested seasons during September 1, 2022, through March 10, 2023. The 
daily bag limits would be 2 band-tailed pigeons, 15 mourning doves, and 
8 snipe. The possession limits would be three times the daily bag 
limits on all species unless otherwise noted.
    The Tribe anticipates that harvest under this regulation will be 
relatively low since no known harvest has occurred over the past 20 
years, and there are no known dedicated waterfowl or other migratory 
bird hunters. Harvest will be for personal cultural and subsistence 
purposes. We anticipate fewer than 100 ducks and 100 geese may be 
harvested.
    All other Federal regulations contained in 50 CFR part 20 would 
apply. The following restrictions are also proposed by the Tribe:
    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 members)

    Since 1985, we have established uniform migratory bird hunting 
regulations for Tribal members and nonmembers on the Navajo Indian 
Reservation (in parts of Arizona, New Mexico, and Utah). The Navajo 
Nation owns almost all lands on the reservation and has full wildlife 
management authority.
    For Tribal and nontribal members for the 2022-23 season, the Tribe 
requested the earliest opening dates with a split season to end on the 
last day for ducks, mergansers, Canada/cackling geese, and coot 
seasons, and the same daily bag and possession limits allowed by 
Federal frameworks in Arizona.
    For mourning dove, the Navajo Nation requested seasons during 
September 1-30, 2022, with daily bag limits of 10 mourning doves. For 
band-tailed pigeon, the Navajo Nation requested seasons during 
September 1-14, 2022, with daily bag limits of two band-tailed pigeons. 
Possession limits would be two times the daily bag limits.
    The Nation requires Tribal members and nonmembers to comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20 
pertaining to shooting hours and manner of taking. In addition, each 
waterfowl hunter aged 16 or older must carry on his/her person a valid 
Duck Stamp, which must be signed in ink across the face. Special 
regulations established by the Navajo Nation also apply on the 
reservation.
    The Tribe anticipates a total harvest of fewer than 500 mourning 
doves; fewer than 10 band-tailed pigeons; fewer than 1,000 ducks, 
merganser, and coot; and fewer than 1,000 Canada/cackling geese for the 
2022-23 season. The Tribe measures harvest by mail survey forms. 
Through the established Navajo Nation Code, titles 17 and 18, and 23 
U.S.C. 1165, the Tribe will take action to close the season, reduce bag 
limits, or take other appropriate actions if the harvest is detrimental 
to the migratory bird resource.

(p) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
Members Only)

    Since 1991-92, the Oneida Tribe of Indians of Wisconsin and the 
Service have cooperated to establish uniform regulations for migratory 
bird hunting by Tribal and nontribal hunters within the original Oneida 
Reservation boundaries. Since 1985, the Oneida Tribe's Conservation 
Department has enforced the Tribe's hunting regulations within those 
original reservation limits. The Oneida Tribe also has a good working 
relationship with the State of Wisconsin, and the majority of the 
seasons and limits are the same for the Tribe and Wisconsin.
    For the 2022-23 season, the Tribe requested special migratory bird 
hunting regulations. For ducks, the Tribe requested a season during 
September 10 through December 4, 2022. The daily bag limit would be six 
ducks, which could include no more than three female mallards, two 
redheads, two pintails, and two hooded mergansers. The possession limit 
would be 24 ducks in the aggregate.
    For geese, the Tribe requested a season during September 1 and 
December 31, 2022, with a daily bag limit of 5 geese species (Canada/
cackling geese, snow/blue geese, Ross's geese, and brant) and 20 in the 
aggregate. If 500 geese are harvested before the season concludes, the 
Tribe will recommend closing the season early.
    For woodcock, the Tribe requested a season during September 1 
through

[[Page 35951]]

November 6, 2022, with a daily bag and possession limit of two and 
four, respectively.
    For mourning dove, the Tribe requested a season during September 1 
through November 6, 2022, with a daily bag and possession limit of 10 
and 20, respectively.
    Shooting hours would be one-half hour before sunrise to 15 minutes 
after sunset. Nontribal hunters hunting on the Reservation or on lands 
under the jurisdiction of the Tribe must comply with all State of 
Wisconsin regulations, including shooting hours of one-half hour before 
sunrise to sunset, season dates, and daily bag limits. Tribal members 
and nontribal hunters hunting on the Reservation or on lands under the 
jurisdiction of the Tribe must observe all basic Federal migratory bird 
hunting regulations found in 50 CFR part 20, with the following 
exceptions: Oneida members would be exempt from the purchase of the 
Duck Stamp; and shotgun capacity is not limited to three shells.

(q) Point No Point Treaty Council Tribes, Kingston, Washington (Tribal 
Members Only)

    Point No Point Treaty Council Tribes (Council) consists of the Port 
Gamble S'Klallam Tribe and Jamestown S'Klallam Tribe. The two Tribes 
have reservations and ceded areas in northwestern Washington State and 
are the successors to the signatories of the Treaty of Point No Point 
of 1855. The requested special migratory bird hunting regulations for 
the 2022-23 season would apply to Tribal members both on and off 
reservations within the Point No Point Treaty Areas; however, the Port 
Gamble S'Klallam and Jamestown S'Klallam Tribal season dates differ 
only where indicated below.
    The Council requested a duck, merganser, and coot season during 
September 1, 2022, through March 10, 2023. The daily bag limit would be 
seven ducks and mergansers. The daily bag and possession limits on 
harlequin ducks would be one per season. The daily bag limit for coots 
would be seven. Possession limits would be three times the daily bag 
limits.
    For geese, the Council requested a season during September 1, 2022, 
through March 10, 2023. The daily bag limits for Canada/cackling geese, 
light geese, and white-fronted geese would be 5, 6, and 10, 
respectively. The Council notes that there is a year-round closure on 
dusky Canada geese. For brant, the Council proposes a season during 
January 1 through January 31, 2023, for the Port Gamble S'Klallam 
Tribe, and during January 15 through January 31, 2023, for the 
Jamestown S'Klallam Tribe. The daily bag limit for brant would be two. 
Possession limits would be three times the daily bag limits.
    For band-tailed pigeons, the Council requested a season during 
September 15 through November 30, 2022. The daily bag limit would be 
two band-tailed pigeons. For snipe, the council requested a season 
during September 1, 2022, through March 10, 2023. The daily bag limit 
would be eight snipe. For mourning dove, the Council requested a season 
during September 1, 2022, through March 10, 2023. The daily bag limit 
would be 10 mourning doves. Possession limits would be three times the 
daily bag limits.
    The Council anticipates a total harvest of fewer than 100 birds for 
the 2022-23 season. The Tribal fish and wildlife enforcement officers 
have the authority to enforce these Tribal regulations.

(r) Saginaw Tribe of Chippewa Indians, Mt. Pleasant, Michigan (Tribal 
Members Only)

    The Saginaw Tribe of Chippewa Indians is a federally recognized, 
self-governing Indian Tribe, located on the Isabella Reservation lands 
bound by Saginaw Bay in Isabella and Arenac Counties, Michigan.
    For ducks, merganser, and snipe, the Tribe requested a season 
during September 1, 2022, through January 31, 2023. The daily bag limit 
would be 20 ducks, which could include no more than five each of the 
following: female mallards, wood ducks, black ducks, pintail, redhead, 
scaup, and canvasbacks. The possession limit would be 40 ducks. The 
daily bag limit for mergansers would be 10, no more than 5 of which may 
be hooded mergansers, and for snipe would be 16.
    For geese, coots, gallinules, soras, and Virginia rails, the Tribe 
requested a season during September 1, 2022, through January 31, 2023. 
The daily bag limit for geese would be 20. The daily bag limit for 
coots, gallinules, soras, and Virginia rails would be 20 in the 
aggregate.
    For woodcock and mourning doves, the Tribe requested a season 
during September 1, 2022, through January 31, 2023, with daily bag 
limits of 10 and 25, respectively.
    For sandhill cranes, the Tribe requested a season during September 
1, 2022, through January 31, 2023, with a daily bag limit of one.
    All Saginaw Tribe members exercising hunting treaty rights are 
required to comply with Tribal Ordinance 11. Hunting hours would be 
from one-half hour before sunrise to one-half hour after sunset. All 
other regulations in 50 CFR part 20 apply, including the use of only 
nontoxic shot for hunting waterfowl.

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

    The Sauk-Suiattle Indian Tribe (SSIT) requested a 2022-23 hunting 
season on all open and unclaimed lands under the Treaty of Point 
Elliott of January 22, 1855. The Tribe's reservation is located in 
Darrington, Washington, just west of the North Cascade Mountain range 
in Skagit County on the Sauk and Suiattle Rivers. The Tribe owns and 
manages all the land on the reservation and some lands surrounding or 
near the reservation in Skagit and Snohomish Counties. All of the lands 
that are Tribal or reservation lands are closed for nontribal hunting, 
unless opened by an SSIT special regulation.
    The Tribe requested a season for ducks, geese, brant, coots, 
mourning doves, and band-tailed pigeons during September 1, 2022, 
through March 10, 2023. The daily bag limit would be 20 ducks, 10 
geese, 5 brant, and 25 coots. The daily bag limit for mourning doves 
and band-tailed pigeons would be 20 in the aggregate. The possession 
limit is two times the daily bag limits.
    Hunting hours would be from one-half hour before sunrise to one-
half hour after sunset. All other regulations in 50 CFR part 20 apply, 
including the use of only nontoxic shot for hunting waterfowl.

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

    The Sault Ste. Marie Tribe of Chippewa Indians is a federally 
recognized, self-governing Indian Tribe, distributed throughout the 
eastern Upper Peninsula and northern Lower Peninsula of Michigan. The 
Tribe has retained the right to hunt, fish, trap, and gather on the 
lands ceded in the Treaty of Washington (1836).
    The Tribe requested special migratory bird hunting regulations for 
the 2022-23 season. For ducks, merganser, and snipe, the Tribe 
requested a season during September 1 through December 31, 2022. The 
daily bag limit would be 20 ducks, which could include no more than 10 
mallards (5 female mallards), 5 wood ducks, 5 black ducks, and 5 
canvasbacks. The daily bag limit for mergansers would be 10 and 20 in 
the aggregate, and for snipe 16 and 32 in the aggregate.
    For geese, coots, gallinules, soras, and Virginia rails, the Tribe 
requested a season during September 1 through December 31, 2022. In 
addition, any

[[Page 35952]]

portion of the ceded territory that is open to State-licensed hunters 
for goose hunting after December 31 will also be opened concurrently 
for Tribal members. The daily bag limit for geese would be 20. The 
daily bag limit for coots, gallinules, soras, and Virginia rails would 
be 20 in the aggregate.
    For woodcock, the Tribe requested a season during September 2 
through December 1, 2022, with daily bag and possession limits of 10 
and 20, respectively.
    For mourning doves, the Tribe requested a season during September 1 
through November 14, 2022, with daily bag and possession limits of 10 
and 20, respectively.
    In 2020, the total estimated number of waterfowl hunters was 4,183, 
who harvested an estimated 3,504 ducks and 1,808 geese. All Sault Ste. 
Marie Tribe members exercising hunting treaty rights within the 1836 
Ceded Territory are required to submit annual harvest reports including 
date of harvest, number and species harvested, and location of harvest. 
Shooting hours would be from one-half hour before sunrise to one-half 
hour after sunset. All other regulations in 50 CFR part 20 apply, 
including the use of only nontoxic shot for hunting waterfowl.

(u) Skokomish Tribe, Shelton, Washington (Tribal Members Only)

    Since 1996, the Service and the Point No Point Treaty Tribes, of 
which the Skokomish Tribe was one, have cooperated to establish special 
regulations for migratory bird hunting. The Tribes have been acting 
independently since 2005. The Tribe has a reservation on the Olympic 
Peninsula in Washington State and is a successor to the signatories of 
the Treaty of Point No Point of 1855.
    For the 2022-23 season, the Skokomish Tribe requested a duck and 
coot season during September 16, 2022, through February 28, 2023. The 
daily bag limit would be seven ducks, including no more than two female 
mallards, one pintail, one canvasback, and two redheads. The daily bag 
and possession limits for harlequin ducks would be one per season. The 
daily bag limit for coots would be 25. The possession limit would be 
two times the daily bag limits, except as noted above.
    For geese, the Tribe requested a season during September 16, 2022, 
through February 28, 2023. The daily bag limit would be four, including 
no more than three light geese. The season on Aleutian Canada geese 
would be closed. For brant, the Tribe usually requests a season during 
November 1, 2022, through February 15, 2023, with a daily bag limit of 
two. The possession limits would be two times the daily bag limits.
    For mourning doves, band-tailed pigeons, and snipe, the Tribe 
requested a season during September 16, 2022, through February 28, 
2023, with a daily bag limit of 10, 2, and 8, respectively. The 
possession limits would be two times the daily bag limits.
    All Tribal members authorized to hunt migratory birds are required 
to obtain a Tribal hunting permit from the Skokomish Tribe pursuant to 
Tribal law. Shooting hours would be from one-half hour before sunrise 
to sunset. Only steel, tungsten-iron, tungsten-polymer, tungsten-
matrix, and tin shot are allowed for hunting waterfowl. It is unlawful 
to use or possess lead shot while hunting waterfowl.
    The Tribe anticipates harvest to be fewer than 150 birds. The 
Skokomish Public Safety Office enforcement officers have the authority 
to enforce these migratory bird hunting regulations.

(v) Spokane Tribe of Indians, Spokane Indian Reservation, Wellpinit, 
Washington (Tribal Members Only)

    The Spokane Indian Reservation is located in northeastern 
Washington State. The reservation comprises approximately 157,000 
acres. The boundaries of the Reservation are the Columbia River to the 
west, the Spokane River to the south (now Lake Roosevelt), Tshimakain 
Creek to the east, and the 48th Parallel as the north boundary. Tribal 
membership comprises approximately 2,300 enrolled Spokane Tribal 
Members.
    The Spokane Tribe of Indians requested special migratory bird 
hunting regulations that would allow Tribal Members, spouses of Spokane 
Tribal Members, and first-generation descendants of a Spokane Tribal 
Member with a Tribal permit and Federal Duck Stamp an opportunity to 
utilize the reservation and ceded lands for waterfowl hunting. These 
regulations would also benefit Tribal membership through access to this 
resource throughout Spokane Tribal ceded lands in eastern Washington. 
By Spokane Tribal Referendum, spouses of Spokane Tribal Members and 
children of Spokane Tribal Members not enrolled are allowed to harvest 
game animals within the Spokane Indian Reservation with the issuance of 
hunting permits.
    The Tribe requested a duck season during September 2, 2022, through 
January 31, 2023. The daily bag and possession limits for ducks would 
be consistent with Federal frameworks for Washington.
    The Tribe requested a goose season during September 2, 2022, 
through January 31, 2023. The daily bag limit and possession limit for 
geese would be consistent with Federal frameworks for Washington.
    Based on the quantity of requests the Spokane Tribe of Indians has 
received, the Tribe anticipates harvest levels for the 2022-23 season 
for both ducks and geese to be fewer than 100 total birds, with goose 
harvest at fewer than 50. Hunter success will be monitored through 
mandatory harvest reports returned within 30 days of the season 
closure.

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

    The Stillaguamish Tribe of Indians and the Service have cooperated 
to establish special regulations for migratory game birds since 2001. 
For the 2022-23 season, the Tribe requested regulations to hunt all 
open and unclaimed lands under the Treaty of Point Elliott of January 
22, 1855, including their main hunting grounds around Camano Island, 
Skagit Flats, and Port Susan to the border of the Tulalip Tribes 
Reservation. Ceded lands are located in Whatcom, Skagit, Snohomish, and 
Kings Counties and a portion of Pierce County, Washington. The 
Stillaguamish Tribe of Indians is a federally recognized Tribe and 
reserves the Treaty Right to hunt (U.S. v. Washington).
    The Tribe requested a duck (including merganser) and goose season 
during October 1, 2022, through March 10, 2023. The daily bag limit on 
ducks (including sea ducks and mergansers) would be 10 including no 
more than 7 mallards (3 of which may be female), 3 pintail, 3 redheads, 
3 scaup, 4 hooded mergansers, and 3 canvasbacks. Possession limits 
would be two times the daily bag limits. For geese, the daily bag 
limits would be 6 Canada/cackling geese, 12 white-fronted geese, and 8 
light geese. The possession limits would be three times the daily bag 
limits. The season on brant would be closed.
    The Tribe requested a coot, snipe, and swan season during October 
1, 2022, through January 31, 2023. The daily bag limit for coots would 
be 25 and for snipe would be 10. The possession limits would be two 
times the daily bag limits. The daily bag and possession limits for 
swans would be two per season. Swan hunters must have a swan hunting 
permit issued by the Tribe.
    Harvest is regulated by a punch card system. Tribal members hunting 
on lands under this proposal will observe all basic Federal migratory 
bird hunting

[[Page 35953]]

regulations found in 50 CFR part 20, which will be enforced by the 
Stillaguamish Tribal law enforcement. Tribal members are required to 
use steel shot or a nontoxic shot as required by Federal regulations.
    The Tribe anticipates a total harvest of 200 ducks, 100 geese, 50 
mergansers, 100 coots, and 100 snipe. Anticipated harvest includes 
subsistence and ceremonial needs. Certain species may be closed to 
hunting for conservation purposes, and consideration for the needs of 
certain species will be addressed.

(x) Swinomish Indian Tribal Community, LaConner, Washington (Tribal 
Members Only)

    In 1996, the Service and the Swinomish Indian Tribal Community 
began cooperating to establish special regulations for migratory bird 
hunting. The Swinomish Indian Tribal Community is a federally 
recognized Indian Tribe consisting of the Swinomish, Lower Skagit, 
Samish, and Kikialous. The Swinomish Reservation was established by the 
Treaty of Point Elliott of January 22, 1855, and lies in the Puget 
Sound area north of Seattle, Washington.
    For the 2022-23 season, the Tribal Community requested a migratory 
game bird hunting season on all areas that are open and unclaimed and 
consistent with the meaning of the treaty. The Tribe requested duck 
(including merganser), goose, coot, snipe, brant, mourning dove, and 
band-tailed pigeon seasons during September 1, 2022, through March 10, 
2023. The daily bag limits would be 20 ducks, 10 geese, 5 brant, 25 
coots, 15 snipe, 15 mourning doves, and 3 band-tailed pigeons. The 
possession limits would be two times the daily bag limits, except that 
the possession limit for coots would be three times the daily bag 
limit.
    Shooting hours would be 30 minutes before official sunrise until 30 
minutes after official sunset. Lead shot is prohibited.
    The Community anticipates that the regulations will result in the 
harvest of approximately 600 ducks and 200 geese. The Swinomish utilize 
a report card and permit system to monitor harvest and will implement 
steps to limit harvest where conservation is needed. All Tribal 
regulations will be enforced by Tribal fish and game officers.

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

    The Tulalip Tribes are the successors in interest to the Tribes and 
bands signatory to the Treaty of Point Elliott of January 22, 1855. The 
Tulalip Tribes' government is located on the Tulalip Indian Reservation 
just north of the City of Everett in Snohomish County, Washington. The 
Tribes or individual Tribal members own all of the land on the 
reservation, and they have full wildlife management authority. All 
lands within the boundaries of the Tulalip Tribes Reservation are 
closed to nonmember hunting unless opened by Tulalip Tribal 
regulations.
    For ducks, mergansers, coots, and snipe, the Tribe requested 
seasons for Tribal members during September 1, 2022, through February 
28, 2023. Daily bag and possession limits would be 15 and 30 ducks, 
respectively, except that for blue-winged teal, canvasbacks, harlequin 
ducks, pintail, and wood ducks, the bag and possession limits would be 
the same as those established in accordance with Federal frameworks for 
Washington. For coots, the daily bag and possession limits would be 25 
and 75, respectively, and for snipe 8 and 24, respectively. Ceremonial 
hunting may be authorized by the Department of Natural Resources at any 
time upon application of a qualified Tribal member. Such a hunt must 
have a bag limit designed to limit harvest only to those birds 
necessary to provide for the ceremony.
    For geese, the Tribe requested a season during September 1, 2022, 
through February 28, 2023. The daily bag and possession limits would be 
10 and 30 geese, respectively, except that the bag limits for cackling 
geese and dusky Canada geese would be those established in accordance 
with Federal frameworks for Washington. The daily bag and possession 
limits for brant are 5 and 10, respectively.
    For mourning doves, and band-tailed pigeon, the Tribe requested a 
season during September 1, 2022, through February 28, 2023. For 
mourning doves, the daily bag and possession limits would be 15 and 45, 
respectively. For band-tailed pigeon, the daily bag and possession 
limits would be 4 and 12, respectively.
    All hunters on Tulalip Tribal lands are required to adhere to 
shooting hour regulations set at one-half hour before sunrise to 
sunset, use of federally approved nontoxic shot, special Tribal permit 
requirements, and a number of other Tribal regulations enforced by the 
Tribe. Each nontribal hunter 16 years of age and older hunting pursuant 
to Tulalip Tribes' Ordinance No. 67 must possess a valid Federal Duck 
Stamp and a valid State of Washington Migratory Waterfowl Stamp. Each 
hunter must validate stamps by signing across the face.
    Although the season length requested by the Tulalip Tribes appears 
to be quite liberal, harvest information indicates a total take by 
Tribal and nontribal hunters of fewer than 1,000 ducks and 500 geese 
annually.

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

    The Upper Skagit Indian Tribe and the Service have cooperated to 
establish special regulations for migratory game birds since 2001. The 
Tribe has jurisdiction over lands within Skagit, Island, and Whatcom 
Counties, Washington. The Tribe issues Tribal hunters a harvest report 
card that will be shared with the State of Washington.
    For the 2022-23 season, the Tribe requested a duck season during 
October 1, 2022, through February 28, 2023. The daily bag and 
possession limits would be 15 and 20 ducks, respectively. The Tribe 
requests a coot season during October 1, 2022, through February 15, 
2023. The daily bag and possession limits would be 20 and 30 coots, 
respectively.
    The Tribe requested a goose season during October 1, 2022, through 
February 28, 2023. The daily bag and possession limits would be 7 and 
10 geese, respectively. For brant, the Tribe requested a season during 
November 1 through 10, 2022, with a daily bag and possession limit of 
two brant.
    The Tribe requested a mourning dove season during September 1 
through December 31, 2022. The daily bag and possession limits would be 
12 and 15 mourning doves, respectively.
    The anticipated migratory bird harvest would be 100 ducks, 5 geese, 
2 brant, and 10 coots. Tribal members must have the Tribal 
identification and Tribal harvest report card on their person to hunt. 
Tribal members hunting on the Reservation will observe all basic 
Federal migratory bird hunting regulations found in 50 CFR part 20, 
except shooting hours would be 15 minutes before official sunrise to 15 
minutes after official sunset.

(aa) Ute Indian Tribe of the Uintah and Ouray Reservation (Tribal 
Members Only)

    The Ute Indian Tribe of the Uintah and Ouray Reservation is a self-
governing, federally recognized Tribe located in Northeastern Utah. The 
Ute Indian Tribe of the Uintah and Ouray Reservation is the second 
largest Indian Reservation in the United States and covers over 4.5 
million acres. The Ute Indian Tribe started coordination with the 
Service in 2021 for special migratory bird hunting regulations. The 
Service

[[Page 35954]]

and the Tribe have cooperatively established migratory bird hunting 
regulations for sandhill cranes and swans (tundra and incidental 
trumpeter) for the 2022-23 season. The Tribe does hunt other migratory 
game birds but follows the State of Utah (Uintah and Duchesne Counties) 
for seasons and bag limits except for in some cases where the Tribe may 
be more restrictive.
    The Tribe requests authorization to issue 10 sandhill crane hunting 
permits to Tribal members only and a sandhill crane hunting season with 
an opening and closing date consistent with the State of Utah's 
earliest and latest sandhill crane hunting dates for the State. The bag 
and possession limit would be one sandhill crane per member/permit.
    The Tribe requests authorization to issue five swan (tundra/
trumpeter) hunting permits to Tribal members only and a swan season 
during dates consistent with the State of Utah swan season dates. The 
bag and possession limit would be one swan per member/permit. The Tribe 
will require all swan hunters to successfully complete an educational 
course on swan identification and conservation to minimize take of 
trumpeter swans during the swan season. All hunters that harvest a swan 
must have the swan or species-determinant parts examined by a biologist 
or other designated representative of the Tribe within 72 hours of 
harvest for species determination. The Tribe will evaluate hunter 
participation, species-specific swan harvest, and hunter compliance in 
providing species-determinant parts (at least the intact head) of 
harvested swans for species identification. The Tribe will use 
appropriate measures to maximize hunter compliance with the Tribe's 
program for swan harvest reporting. The Tribe will provide to the 
Service by June 30 following the swan season a report detailing hunter 
participation, species-specific swan harvest, and hunter compliance in 
reporting harvest.
    The following restrictions are also proposed by the Tribe: No 
rifles, revolvers, pistols, or shotgun pellets larger than #2 birdshot 
may be used in pursuit of migratory game birds. Only Service-approved 
nontoxic shot may be used to take migratory game birds. No baiting is 
allowed, including no take of sandhill cranes on or over lands where 
standing crops have been manipulated to distribute or scatter grain or 
other feed on the land where it was grown. For additional information, 
see the Ute Indian Tribes General Hunting Regulations.

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

    The White Earth Band of Ojibwe is a federally recognized Tribe 
located in northwest Minnesota and encompasses all of Mahnomen County 
and parts of Becker and Clearwater Counties. The reservation employs 
conservation officers to enforce migratory bird regulations. The Tribe 
and the Service first cooperated to establish special Tribal 
regulations in 1999.
    The White Earth Band of Ojibwe requested a duck season during 
September 10 through December 11, 2022. The daily bag limit would be 10 
ducks, including no more than 2 female mallards, 2 pintail, and 2 
canvasbacks. For mergansers, the Tribe requested a season during 
September 10 through December 11, 2022. The daily bag limit would be 
five, no more than two of which may be hooded mergansers. For geese, 
the Tribe requested an early season during September 1 through 23, 
2022, and a late season during September 24 through December 18, 2022. 
The daily bag limits would be 10 geese in the early season and 7 geese 
in the late season.
    For coots, the Tribe requested a season during September 1 through 
November 30, 2022, with a daily bag limit of 20. For snipe, woodcock, 
rails, and mourning doves, the Tribe requested seasons during September 
1 through November 30, 2022, with daily bag limits of 10, 10, 25, and 
25, respectively. Shooting hours are one-half hour before sunrise to 
one-half hour after sunset. Nontoxic shot is required.
    Based on past harvest surveys, the Tribe anticipates harvest of 
1,000 to 2,000 Canada/cackling geese and 1,000 to 1,500 ducks. The 
White Earth Reservation Tribal Council employs four full-time 
conservation officers to enforce migratory bird regulations.

(cc) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)

    The White Mountain Apache Tribe owns all associated reservation 
lands, and the Tribe has recognized full wildlife management authority.
    The hunting zone for waterfowl is restricted and is described as: 
The length of the Black River west of the Bonito Creek and Black River 
confluence and the entire length of the Salt River forming the southern 
boundary of the reservation; the White River, extending from the Canyon 
Day Stockman Station to the Salt River; and all stock ponds located 
within Wildlife Management Units 4, 5, 6, and 7. Tanks located below 
the Mogollon Rim, within Wildlife Management Units 2 and 3, will be 
open to waterfowl hunting during the 2022-23 season. The length of the 
Black River east of the Black River/Bonito Creek confluence is closed 
to waterfowl hunting. All other waters of the reservation would be 
closed to waterfowl hunting for the 2022-23 season.
    For nontribal and Tribal members, the Tribe requested duck (except 
scaup), coot, merganser, gallinule, and moorhen hunting seasons during 
October 15, 2022, through January 22, 2023. For scaup, the Tribe 
requested a season during November 5, 2022, through January 22, 2023. 
The daily bag limit would be seven ducks (including merganser), which 
may include no more than two redheads, one pintail, two scaup (when 
open), two female mallards, and two canvasbacks. The daily bag limit 
for coots and gallinules would be 25 in the aggregate.
    For Canada/cackling geese, the Tribe requested a season during 
October 15, 2022, through January 22, 2023. The daily bag and 
possession limits would be three and six Canada/cackling geese, 
respectively.
    Seasons for band-tailed pigeons and mourning doves are closed.
    Possession limits are two times the daily bag limits. Shooting 
hours would be from one-half hour before sunrise to sunset. There would 
be no open season for sandhill cranes, rails, and snipe on the White 
Mountain Apache lands under this proposal.
    A number of special regulations apply to Tribal and nontribal 
hunters, which may be obtained from the White Mountain Apache Tribe 
Game and Fish Department.

Public Comments

    The Department of the Interior's policy is, whenever possible, to 
afford the public an opportunity to participate in the rulemaking 
process. Accordingly, we invite interested persons to submit written 
comments, suggestions, or recommendations regarding the proposed 
regulations. Before promulgating final migratory game bird hunting 
regulations, we will consider all comments we receive. These comments, 
and any additional information we receive, may lead to final 
regulations that differ from these proposals.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We will not accept 
comments sent by email or fax. We will not consider mailed comments 
that are not postmarked by the date specified in DATES.

[[Page 35955]]

    We will post all comments in their entirety--including your 
personal identifying information--on https://www.regulations.gov. 
Before including your address, phone number, email address, or other 
personal identifying information in your comment, you should be aware 
that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Division of Migratory Bird Management, 5275 Leesburg 
Pike, Falls Church, VA 22041-3803.
    We will consider, but possibly may not respond in detail to, each 
comment. As in the past, we will summarize all comments we receive 
during the comment period and respond to them after the closing date in 
the preamble of a final rule.

Required Determinations

    Based on our most current data, we are affirming our required 
determinations made in the August 31, 2021, proposed rule (86 FR 
48649); please see that document for descriptions of our actions to 
ensure compliance with the following statutes and Executive Orders:
    <bullet> National Environmental Policy Act;
    <bullet> Endangered Species Act;
    <bullet> Regulatory Flexibility Act;
    <bullet> Small Business Regulatory Enforcement Fairness Act;
    <bullet> Unfunded Mandates Reform Act;
    <bullet> Executive Orders 12630, 12866, 12988, 13132, 13175, 13211, 
and 13563.

Paperwork Reduction Act

    This proposed rule contains existing information collections. All 
information collections require approval under the Paperwork Reduction 
Act of 1995 (PRA, 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. The OMB has reviewed and approved the 
information collection requirements associated with establishing annual 
migratory bird hunting seasons and migratory bird surveys and assigned 
the following OMB control numbers:
    <bullet> 1018-0171, ``Establishment of Annual Migratory Bird 
Hunting Seasons, 50 CFR part 20'' (expires 10/31/2024);
    <bullet> 1018-0019, ``North American Woodcock Singing Ground 
Survey'' (expires 2/29/2024); and
    <bullet> 1018-0023, ``Migratory Bird Surveys, 50 CFR 20.20'' 
(expires 4/30/2023).

List of Subjects in 50 CFR Part 20

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

Authority

    The rules that eventually will be promulgated for the 2022-23 
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742 
a-j.

Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2022-12754 Filed 6-13-22; 8:45 am]
BILLING CODE 4333-15-P


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