39716 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 

America platform (available on the 

Commission’s Web site at www.fcc.gov/ 

health/maps) released on June 8, 2017; 

as such, this extension will facilitate 

such filings in GN Docket No. 16–46. 

Federal Communications Commission. 

Ryan Yates, 

Attorney Advisor, Office of the General 

Counsel. 

[FR Doc. 2017–17731 Filed 8–21–17; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 17–196; RM–11794; DA 17– 

726] 

Radio Broadcasting Services; Cora, 

Wyoming 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a Petition for Rulemaking 

filed by Wind River Broadcasting, Inc., 

proposing to amend the FM Table of 

Allotments, of the Commission’s rules, 

by allotting Channel 274C2 at Cora, 

Wyoming, as a first local service. A staff 

engineering analysis indicates that 

Channel 274C2 can be allotted to Cora, 

consistent with the minimum distance 

separation requirements of the 

Commission’s rules without a site 

restriction. The reference coordinates 

are 43–03–24 NL and 110–08–07 WL. 

DATES: Comments must be filed on or 

before September 21, 2017, and reply 

comments on or before October 6, 2017. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 

Twelfth Street SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve counsel for the petitioner as 

follows: Dan J. Alpert, Esq., The Law 

Office of Dan J. Alpert, 2120 N. 21st Rd., 

Arlington, VA 22201 

FOR FURTHER INFORMATION CONTACT: 

Deborah A. Dupont, Media Bureau, 

(202) 418–2700. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rulemaking (NPRM), MB 

Docket No. 17–196, adopted July 28, 

2017 and released July 31, 2017. The 

full text of this Commission decision is 

available for inspection and copying 

during normal business hours in the 

FCC’s Reference Information Center at 

Portals II, CY–A257, 445 Twelfth Street 

SW., Washington, DC 20554. The full 

text is also available online at http://

apps.fcc.gov/ecfs/. This document does 

not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

Nazifa Sawez, 

Assistant Chief, Audio Division, Media 

Bureau. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 309, 310, 

334, 336 and 339. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the table is 

amended by adding an entry under 

Wyoming for Cora to read as follows: 

§ 73.202 Table of Allotments. 

* * * * * 

(b) Table of FM Allotments. 

WYOMING

*****

Cora .............................................. 274C2 

*****

* * * * * 

[FR Doc. 2017–17730 Filed 8–21–17; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

[Docket No. FWS–HQ–MB–2016–0051; 

FF09M21200–178–FXMB1231099BPP0] 

RIN 1018–BB40 

Migratory Bird Hunting; Proposed 

Migratory Bird Hunting Regulations on 

Certain Federal Indian Reservations 

and Ceded Lands for the 2017–18 

Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

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 2017–18 

migratory bird hunting season. 

DATES: You must submit comments on 

the proposed regulations by September 

21, 2017. 

ADDRESSES: Comments: You may submit 

comments on the proposals by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on Docket No. FWS–HQ–MB–2016– 

0051. 

• U.S. mail or hand delivery: Public 

Comments Processing, Attn: FWS–HQ– 

MB–2016–0051; Division of Policy, 

Performance, and Management 

Programs; U.S. Fish and Wildlife 

Service; MS: BPHC; 5275 Leesburg Pike; 

Falls Church, VA 22041–3803. 

We will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see Public 

Comments, below, for more 

information). 

FOR FURTHER INFORMATION CONTACT: Ron 

W. Kokel, U.S. Fish and Wildlife 

Service, Department of the Interior, MS: 

MB, 5275 Leesburg Pike, Falls Church, 

VA 22041–3803; (703) 358–1967. 

SUPPLEMENTARY INFORMATION: As part of 

DOI’s retrospective regulatory review, 

we developed a schedule for migratory 

game bird hunting regulations that is 

more efficient and will provide dates 

much earlier than was possible under 

the old process. This will facilitate 

planning for the States and all parties 

interested in migratory bird hunting. 

Beginning in the summer of 2015, with 

the development of the 2016–17 hunting 

seasons, we are using a new schedule 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 39717 

for establishing our annual migratory 

game bird hunting regulations. We will 

combine the current early- and lateseason regulatory actions into a single 

process, based on predictions derived 

from long-term biological information 

and harvest strategies, to establish 

migratory bird hunting seasons much 

earlier than the system we have used for 

many years. Under the new process, we 

will develop proposed hunting season 

frameworks for a given year in the fall 

of the prior year. We will finalize those 

frameworks a few months later, thereby 

enabling the State agencies to select and 

publish their season dates in early 

summer. This rulemaking is part of that 

process. 

We developed the guidelines for 

establishing special migratory bird 

hunting regulations for Indian Tribes in 

response to tribal requests for 

recognition of their reserved hunting 

rights and, for some Tribes, recognition 

of their authority to regulate hunting by 

both tribal and nontribal hunters on 

their reservations. The guidelines 

include possibilities for: 

(1) On-reservation hunting by both 

tribal and nontribal hunters, with 

hunting by nontribal hunters on some 

reservations to take place within Federal 

frameworks but on dates different from 

those selected by the surrounding 

State(s); 

(2) On-reservation hunting by tribal 

members only, outside of the usual 

Federal frameworks for season dates and 

length, and for daily bag and possession 

limits; and 

(3) Off-reservation hunting by tribal 

members on ceded lands, outside of 

usual framework dates and season 

length, with some added flexibility in 

daily bag and possession limits. 

In all cases, the regulations 

established under the guidelines must 

be consistent with the March 10 to 

September 1 closed season mandated by 

the 1916 Convention between the 

United States and Great Britain (for 

Canada) for the Protection of Migratory 

Birds (Treaty). The guidelines apply to 

those Tribes having recognized reserved 

hunting rights on Federal Indian 

reservations (including off-reservation 

trust lands) and on ceded lands. They 

also apply to establishing migratory bird 

hunting regulations for nontribal 

hunters on all lands within the exterior 

boundaries of reservations where Tribes 

have full wildlife management authority 

over such hunting or where the Tribes 

and affected States otherwise have 

reached agreement over hunting by 

nontribal hunters on lands owned by 

non-Indians within the reservation. 

Tribes usually have the authority to 

regulate migratory bird hunting by 

nonmembers on Indian-owned 

reservation lands, subject to Service 

approval. The question of jurisdiction is 

more complex on reservations that 

include lands owned by non-Indians, 

especially when the surrounding States 

have established or intend to establish 

regulations governing hunting by nonIndians on these lands. In such cases, 

we encourage the Tribes and States to 

reach agreement on regulations that 

would apply throughout the 

reservations. When appropriate, we will 

consult with a Tribe and State with the 

aim of facilitating an accord. We also 

will consult jointly with tribal and State 

officials in the affected States where 

Tribes wish to establish special hunting 

regulations for tribal members on ceded 

lands. Because of past questions 

regarding interpretation of what events 

trigger the consultation process, as well 

as who initiates it, we provide the 

following clarification. 

We routinely provide copies of 

Federal Register publications pertaining 

to migratory bird management to all 

State Directors, Tribes, and other 

interested parties. It is the responsibility 

of the States, Tribes, and others to notify 

us of any concern regarding any 

feature(s) of any regulations. When we 

receive such notification, we will 

initiate consultation. 

Our guidelines provide for the 

continued harvest of waterfowl and 

other migratory game birds by tribal 

members on reservations where such 

harvest has been a customary practice. 

We do not oppose this harvest, provided 

it does not take place during the closed 

season defined by the Treaty, and does 

not adversely affect the status of the 

migratory bird resource. Before 

developing the guidelines, we reviewed 

available information on the current 

status of migratory bird populations, 

reviewed the current status of migratory 

bird hunting on Federal Indian 

reservations, and evaluated the potential 

impact of such guidelines on migratory 

birds. We concluded that the impact of 

migratory bird harvest by tribal 

members hunting on their reservations 

is minimal. 

One area of interest in Indian 

migratory bird hunting regulations 

relates to hunting seasons for nontribal 

hunters on dates that are within Federal 

frameworks, but which are different 

from those established by the State(s) 

where the reservation is located. A large 

influx of nontribal hunters onto a 

reservation at a time when the season is 

closed in the surrounding State(s) could 

result in adverse population impacts on 

one or more migratory bird species. The 

guidelines make this unlikely, and we 

may modify regulations or establish 

experimental special hunts, after 

evaluation of information obtained by 

the Tribes. 

We believe the guidelines provide 

appropriate opportunity to 

accommodate the reserved hunting 

rights and management authority of 

Indian Tribes while ensuring that the 

migratory bird resource receives 

necessary protection. The conservation 

of this important international resource 

is paramount. Further, the guidelines 

should not be viewed as inflexible. In 

this regard, we note that they have been 

employed successfully since 1985. We 

believe they have been tested 

adequately and, therefore, we made 

them final beginning with the 1988–89 

hunting season (53 FR 31612, August 

18, 1988). We should stress here, 

however, that use of the guidelines is 

not mandatory and no action is required 

if a Tribe wishes to observe the hunting 

regulations established by the State(s) in 

which the reservation is located. 

Regulations Schedule for 2017 

On June 10, 2016, we published a 

proposal to amend title 50 of the Code 

of Federal Regulations (CFR) at part 20 

(81 FR 38050). 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 under §§ 20.101 through 

20.107, 20.109, and 20.110 of subpart K. 

Major steps in the 2017–18 regulatory 

cycle relating to open public meetings 

and Federal Register notifications were 

also identified in the June 10, 2016, 

proposed rule. 

The June 10 proposed rule also 

provided detailed information on the 

proposed 2017–18 regulatory schedule 

and announced the Service Regulations 

Committee (SRC) and Flyway Council 

meetings. 

On October 25–26, 2016, we held 

open meetings with the Flyway Council 

Consultants, at which the participants 

reviewed information on the current 

status of migratory game birds and 

developed recommendations for the 

2017–18 regulations for these species. 

On February 9, 2017, we published in 

the Federal Register (82 FR 10222) the 

proposed frameworks for the 2017–18 

season migratory bird hunting 

regulations. On May 30, 2017, we 

published in the Federal Register (82 

FR 24786) final season frameworks for 

migratory game bird hunting 

regulations, from which wildlife 

conservation agency officials from the 

States, Puerto Rico, the Virgin Islands, 

and the Tribes select hunting dates, 

hours, areas, and limits. 


sradovich on DSK3GMQ082PROD with PROPOSALS
39718 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 

Population Status and Harvest 

Each year we publish various species 

status reports that provide detailed 

information on the status and harvest of 

migratory game birds, including 

information on the methodologies and 

results. These reports are available at 

the address indicated under FOR

FURTHER INFORMATION CONTACT or from 

our Web site at https://www.fws.gov/ 

birds/surveys-and-data/reports-andpublications/population-status.php. 

We used the following reports: 

Adaptive Harvest Management, 2017 

Hunting Season (August 2016); 

American Woodcock Population Status, 

2016 (August 2016); Band-tailed Pigeon 

Population Status, 2016 (September 

2016); Migratory Bird Hunting Activity 

and Harvest During the 2014–15 and 

2015–16 Hunting Seasons (October 

2016); Mourning Dove Population 

Status, 2016 (August 2016); Status and 

Harvests of Sandhill Cranes, Midcontinent, Rocky Mountain, Lower 

Colorado River Valley and Eastern 

Populations, 2016 (September 2016); 

and Waterfowl Population Status, 2016 

(August 2016). 

Hunting Season Proposals From Indian 

Tribes and Organizations 

For the 2017–18 hunting season, we 

received requests from 24 Tribes and 

Indian organizations. In this proposed 

rule, we respond to these requests and 

also evaluate anticipated requests for six 

Tribes from whom we usually hear but 

from whom we have not yet received 

proposals. We actively solicit regulatory 

proposals from other tribal groups that 

are interested in working cooperatively 

for the benefit of waterfowl and other 

migratory game birds. We encourage 

Tribes to work with us to develop 

agreements for management of 

migratory bird resources on tribal lands. 

The proposed frameworks for flyway 

regulations were published in the 

Federal Register on February 9, 2017 

(82 FR 10222), and the final frameworks 

on May 30, 2017 (82 FR 24786). We 

notified affected Tribes of season dates, 

bag limits, etc., of the final frameworks. 

As previously discussed, no action is 

required by Tribes wishing to observe 

migratory bird hunting regulations 

established by the State(s) where they 

are located. The proposed regulations 

for the 30 Tribes that meet the 

established criteria are shown below. 

(a) Colorado River Indian Tribes, 

Colorado River Indian Reservation, 

Parker, Arizona (Tribal Members and 

Nontribal Hunters) 

The Colorado River Indian 

Reservation is located in Arizona and 

California. The Tribes own almost all 

lands on the reservation, and have full 

wildlife management authority. 

We have yet to hear from the Colorado 

River Indian Tribes. The Tribes usually 

request a split dove season, with the 

early season beginning on September 1 

and ending on September 15, 2017. 

Daily bag limits would be 15 mourning 

or white-winged doves in the aggregate, 

of which no more than 10 may be whitewinged dove. Possession limit would be 

45, of which no more than 30 may be 

white-winged dove. They usually 

request the late season for doves to open 

November 7 and close December 20, 

2017. The daily bag limit would be 15 

mourning doves. The possession limit 

would be 45. Shooting hours would be 

from one-half hour before sunrise to 

noon in the early season and until 

sunset in the late season. Other special 

tribally set regulations would apply. 

The Tribes also usually propose duck 

hunting seasons. The season would 

usually open October 17, 2017, and 

close January 25, 2018. The Tribes 

usually propose the same season dates 

for mergansers, coots, and common 

moorhens. The daily bag limit for ducks, 

including mergansers, would be seven, 

except that the daily bag limits could 

contain no more than two hen mallards, 

two redheads, two Mexican ducks, two 

goldeneye, three scaup, one pintail, two 

cinnamon teal, and one canvasback. The 

possession limit would be twice the 

daily bag limit after the first day of the 

season. The daily bag and possession 

limit for coots and common moorhens 

would be 25, singly or in the aggregate. 

Shooting hours would be from one-half 

hour before sunrise to sunset. 

For geese, the Colorado River Indian 

Tribes usually propose a season of 

October 18, 2017, through January 19, 

2018. The daily bag limit for geese 

would be three light geese and three 

dark geese. The possession limit would 

be six light geese and six dark geese 

after opening day. Shooting hours 

would be from one-half hour before 

sunrise to sunset. 

In 1996, the Tribes conducted a 

detailed assessment of dove hunting. 

Results showed approximately 16,100 

mourning doves and 13,600 whitewinged doves were harvested by 

approximately 2,660 hunters who 

averaged 1.45 hunter-days. Field 

observations and permit sales indicate 

that fewer than 200 hunters participate 

in waterfowl seasons. Under the 

proposed regulations described here and 

based upon past seasons, we and the 

Tribes estimate harvest will be similar. 

Hunters must have a valid Colorado 

River Indian Reservation hunting permit 

and a Federal Migratory Bird Hunting 

and Conservation Stamp in their 

possession while hunting. Other special 

tribally set regulations would apply. As 

in the past, the regulations would apply 

both to tribal and nontribal hunters, and 

nontoxic shot is required for waterfowl 

hunting. 

We propose to approve the Colorado 

River Indian Tribes regulations for the 

2017–18 hunting season, if the seasons’ 

dates fall within final flyway 

frameworks (applies to nontribal 

hunters only) and upon receipt of their 

proposal. 

(b) Confederated Salish and Kootenai 

Tribes, Flathead Indian Reservation, 

Pablo, Montana (Tribal and Nontribal 

Hunters) 

For the past several years, the 

Confederated Salish and Kootenai 

Tribes and the State of Montana have 

entered into cooperative agreements for 

the regulation of hunting on the 

Flathead Indian Reservation. The State 

and the Tribes are currently operating 

under a cooperative agreement signed in 

1990, 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 hunters would be at least as 

restrictive as those established for the 

Pacific Flyway portion of Montana. 

Goose, duck, and coot season dates 

would also be at least as restrictive as 

those established for the Pacific Flyway 

portion of Montana. Shooting hours for 

waterfowl hunting on the Flathead 

Reservation are one-half hour before 

sunrise to one-half hour after sunset. 

Steel shot or other federally approved 

nontoxic shots are the only legal 

shotgun loads on the reservation for 

waterfowl or other game birds. 

For tribal members, the Tribe 

proposes outside frameworks for ducks 

and geese of September 1, 2017, through 

March 9, 2018. Daily bag and possession 

limits were not proposed for tribal 

members. 

The requested season dates and bag 

limits are similar to past regulations. 

Harvest levels are not expected to 

change significantly. Standardized 

check station data from the 1993–94 and 

1994–95 hunting seasons indicated no 

significant changes in harvest levels and 

that the large majority of the harvest is 

by nontribal hunters. 

We propose to approve the Tribes’ 

request for special migratory bird 

regulations for the 2017–18 hunting 

season. 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 39719 

(c) Fond du Lac Band of Lake Superior 

Chippewa Indians, Cloquet, Minnesota 

(Tribal Members Only) 

Since 1996, the Service and the Fond 

du Lac Band of Lake Superior Chippewa 

Indians have cooperated to establish 

special migratory bird hunting 

regulations for tribal members. The 

Fond du Lac’s December 6, 2017, 

proposal covers land set apart for the 

band under the Treaties of 1837 and 

1854 in northeastern and east-central 

Minnesota and the Band’s Reservation 

near Duluth. 

The band’s proposal for 2017–18 is 

essentially the same as that approved 

last year. The proposed 2017–18 

waterfowl hunting season regulations 

for Fond du Lac are as follows: 

Ducks 

A. 1854 and 1837 Ceded Territories 

Season Dates: Begin September 9 and 

end November 30, 2017. 

Daily Bag Limit: 18 ducks, including 

no more than 12 mallards (only 3 of 

which may be hens), 9 black ducks, 9 

scaup, 9 wood ducks, 9 redheads, 9 

pintails, and 9 canvasbacks. 

B. Reservation 

Season Dates: Begin September 1 and 

end November 30, 2017. 

Daily Bag Limit: 12 ducks, including 

no more than 8 mallards (only 2 of 

which may be hens), 6 black ducks, 6 

scaup, 6 redheads, 6 pintails, 6 wood 

ducks, and 6 canvasbacks. 

Mergansers 

A. 1854 and 1837 Ceded Territories 

Season Dates: Begin September 9 and 

end November 30, 2017. 

Daily Bag Limit: 15 mergansers, 

including no more than 6 hooded 

mergansers. 

B. Reservation 

Season Dates: Begin September 1 and 

end November 30, 2017. 

Daily Bag Limit: 10 mergansers, 

including no more than 4 hooded 

mergansers. 

Canada Geese 

All Areas 

Season Dates: Begin September 1 and 

end November 30, 2017. 

Daily Bag Limit: 20 geese. 

Sandhill Cranes 

1854 and 1837 Ceded Territories Only 

Season Dates: Begin September 1 and 

end November 30, 2017. 

Daily Bag Limit: Two sandhill cranes. 

A crane carcass tag is required prior to 

hunting. 

Coots and Common Moorhens 

(Common Gallinules) 

A. 1854 and 1837 Ceded Territories 

Season Dates: Begin September 9 and 

end November 30, 2017. 

Daily Bag Limit: 20 coots and 

common moorhens, singly or in the 

aggregate. 

B. Reservation 

Season Dates: Begin September 1 and 

end November 30, 2017. 

Daily Bag Limit: 20 coots and 

common moorhens, singly or in the 

aggregate. 

Sora and Virginia Rails 

All Areas 

Season Dates: Begin September 1 and 

end November 30, 2017. 

Daily Bag Limit: 25 sora and Virginia 

rails, singly or in the aggregate. 

Common Snipe 

All Areas 

Season Dates: Begin September 1 and 

end November 30, 2017. 

Daily Bag Limit: Eight common snipe. 

Woodcock 

All Areas 

Season Dates: Begin September 1 and 

end November 30, 2017. 

Daily Bag Limit: Three woodcock. 

Mourning Dove 

All Areas 

Season Dates: Begin September 1 and 

end November 30, 2017. 

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 onehalf 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 500 ducks and geese, and 

fewer than 10 sandhill cranes. 

We propose to approve the request for 

special migratory bird hunting 

regulations for the Fond du Lac Band of 

Lake Superior Chippewa Indians. 

(d) Grand Traverse Band of Ottawa and 

Chippewa Indians, Suttons Bay, 

Michigan (Tribal Members Only) 

In the 1995–96 migratory bird 

seasons, the Grand Traverse Band of 

Ottawa and Chippewa Indians and the 

Service first cooperated to establish 

special regulations for waterfowl. The 

Grand Traverse Band is a self-governing, 

federally recognized Tribe located on 

the west arm of Grand Traverse Bay in 

Leelanau County, Michigan. The Grand 

Traverse Band is a signatory Tribe of the 

Treaty of 1836. We have approved 

special regulations for tribal members of 

the 1836 treaty’s signatory Tribes on 

ceded lands in Michigan since the 

1986–87 hunting season. 

For the 2017–18 season, the Tribe 

requests that the tribal member duck 

season run from September 1, 2017, 

through January 20, 2018. A daily bag 

limit of 35 would include no more than 

8 pintail, 4 canvasback, 5 hooded 

merganser, 8 black ducks, 8 wood 

ducks, 8 redheads, and 20 mallards 

(only 10 of which may be hens). 

For Canada and snow geese, the Tribe 

proposes a September 1, 2017, through 

February 15, 2018, season. For whitefronted geese and brant, the Tribe 

proposes a September 20 through 

December 30, 2017, season. The daily 

bag limit for Canada and snow geese 

would be 15, and the daily bag limit for 

white-fronted geese and including brant 

would be 5 birds. We further note that, 

based on available data (of major goose 

migration routes), it is unlikely that any 

Canada geese from the Southern James 

Bay Population will be harvested by the 

Tribe. 

For woodcock, the Tribe proposes a 

September 1 through November 14, 

2017, season. The daily bag limit will 

not exceed five birds. For mourning 

doves, snipe, and rails, the Tribe 

proposes a September 1 through 

November 14, 2017, season. The daily 

bag limit would be 15 mourning dove, 

10 snipe, and 10 rail. 


sradovich on DSK3GMQ082PROD with PROPOSALS
39720 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 

For sandhill crane, the Tribe proposes 

a September 1 through November 14, 

2017, season. The daily bag limit would 

be 3 birds and a season limit of 10 birds. 

For snipe and rails, the Tribe 

proposes a September 1 through 

November 14, 2017, season. The daily 

bag limit would be 10 birds per species. 

Shooting hours would be from onehalf hour before sunrise to one-half hour 

after sunset. All other Federal 

regulations contained in 50 CFR part 20 

would apply. The Tribe proposes to 

monitor harvest closely through game 

bag checks, patrols, and mail surveys. 

Harvest surveys from the 2013–14 

hunting season indicated that 

approximately 30 tribal hunters 

harvested an estimated 100 ducks and 

45 Canada geese. 

We propose to approve the Grand 

Traverse Band of Ottawa and Chippewa 

Indians 2017–18 special migratory bird 

hunting proposal. 

(e) Great Lakes Indian Fish and Wildlife 

Commission, Odanah, Wisconsin (Tribal 

Members Only) 

Since 1985, various bands of the Lake 

Superior Tribe of Chippewa Indians 

have exercised judicially recognized, 

off-reservation hunting rights for 

migratory birds in Wisconsin. The 

specific regulations were established by 

the Service in consultation with the 

Wisconsin Department of Natural 

Resources and the Great Lakes Indian 

Fish and Wildlife Commission 

(GLIFWC) (GLIFWC is an intertribal 

agency exercising delegated natural 

resource management and regulatory 

authority from its member Tribes in 

portions of Wisconsin, Michigan, and 

Minnesota). Beginning in 1986, a Tribal 

season on ceded lands in the western 

portion of the Michigan Upper 

Peninsula was developed in 

coordination with the Michigan 

Department of Natural Resources. We 

have approved regulations for Tribal 

members in both Michigan and 

Wisconsin since the 1986–87 hunting 

season. In 1987, GLIFWC requested, and 

we approved, regulations to permit 

Tribal members to hunt on ceded lands 

in Minnesota, as well as in Michigan 

and Wisconsin. The States of Michigan 

and Wisconsin originally concurred 

with the regulations, although both 

Wisconsin and Michigan have raised 

various concerns over the years. 

Minnesota did not concur with the 

original regulations, stressing that the 

State would not recognize Chippewa 

Indian hunting rights in Minnesota’s 

treaty area until a court with 

jurisdiction over the State acknowledges 

and defines the extent of these rights. In 

1999, the U.S. Supreme Court upheld 

the existence of the tribes’ treaty 

reserved rights in Minnesota v. Mille 

Lacs Band, 199 S. Ct. 1187 (1999). 

We acknowledge all of the States’ 

concerns, but point out that the U.S. 

Government has recognized the Indian 

treaty reserved rights, and that 

acceptable hunting regulations have 

been successfully implemented in 

Minnesota, Michigan, and Wisconsin. 

Consequently, in view of the above, we 

have approved regulations since the 

1987–88 hunting season on ceded lands 

in all three States. In fact, this 

recognition of the principle of treaty 

reserved rights for band members to 

hunt and fish was pivotal in our 

decision to approve a 1991–92 season 

for the 1836 ceded area in Michigan. 

Since then, in the 2007 Consent Decree, 

the 1836 Treaty Tribes’ and Michigan 

Department of Natural Resources and 

Environment established courtapproved regulations pertaining to offreservation hunting rights for migratory 

birds. 

For 2017, GLIFWC proposes offreservation 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: 

the Bad River Band of the Lake Superior 

Tribe of Chippewa Indians, the Lac 

Courte Oreilles Band of Lake Superior 

Chippewa Indians, the Lac du Flambeau 

Band of Lake Superior Chippewa 

Indians, the Red Cliff Band of Lake 

Superior Chippewa Indians, the St. 

Croix Chippewa Indians of Wisconsin, 

and the Sokaogon Chippewa 

Community (Mole Lake Band), all in 

Wisconsin; the Mille Lacs Band of 

Chippewa Indians and the Fond du Lac 

Band of Lake Superior Chippewa 

Indians in Minnesota; and the Lac Vieux 

Desert Band of Chippewa Indians and 

the Keweenaw Bay Indian Community 

in Michigan. 

The GLIFWC 2017 proposal has four 

changes from regulations approved last 

season. First, in the 1837 and 1842 

Treaty Areas, the GLIFWC proposal 

would allow up to 50 Tribal hunters to 

use electronic calls for any open season 

under a limited and experimental 

design under a special Tribal permit. In 

addition to obtaining a special permit, 

the Tribal hunter would be required to 

complete and submit a hunt diary for 

each hunt where electronic calls were 

used. Second, GLIFWC also proposes to 

allow the take of migratory birds 

(primarily waterfowl) with the use of 

hand-held nets, hand-held snares, and/ 

or capture birds by hand in the 1837 

and 1842 Treaty Areas. The GLIWFC 

proposal for the use of nets, snares, or 

by hand would include the take of birds 

at night. Third, GLIFWC proposes 

beginning the current swan season 

September 1 rather than November 1 in 

the 1837 and 1842 Treaty Areas. 

However, the trumpeter swan quota 

would remain at 10 swans. Lastly, 

GLIFWC proposes the addition of a 

sandhill crane hunting season in the 

1836 Treaty Area. 

GLIFWC states that the proposed 

regulatory changes are intended to 

increase the subsistence opportunities 

for tribal migratory bird hunters and 

provide opportunities for more efficient 

harvesting. Under the GLIFWC’s 

proposed regulations, GLIFWC expects 

total ceded territory harvest to be 

approximately 2,000 to 3,000 ducks, 400 

to 600 geese, 20 sandhill cranes, and 20 

swans, which, with the exception of 

ducks, is roughly similar to anticipated 

levels in previous years for those 

species for which seasons were 

established. GLIFWC further anticipates 

that tribal harvest will remain low given 

the small number of tribal hunters and 

the limited opportunity to harvest more 

than a small number of birds on most 

hunting trips. 

Recent GLIFWC harvest surveys 

(1996–98, 2001, 2004, 2007–08, 2011, 

2012, and 2015) indicate that tribal offreservation waterfowl harvest has 

averaged fewer than 1,100 ducks and 

250 geese annually. In the latest survey 

year for which we have specific results 

(2015), an estimated 297 hunters hunted 

a total of 2,190 days and harvested 2,727 

ducks (1.2 ducks per day) and 639 

geese. The greatest number of ducks 

reported harvested in a single day was 

10, while the highest number of geese 

reported taken on a single outing was 6. 

Mallards, wood ducks, and blue-winged 

teal composed about 72 percent of the 

duck harvest. Two sandhill cranes were 

reported harvested in each of the first 

three Tribal sandhill crane seasons, with 

3 reported harvested in 2015. No swans 

have been harvested. About 81 percent 

of the estimated hunting days took place 

in Wisconsin, with the remainder 

occurring in Michigan. As in past years, 

most hunting took place in or near 

counties with reservations. Overall, 

analysis of hunter survey data over 

1996–2015 indicates a general 

downward, or flat, trend in both harvest 

and hunter participation. More specific 

discussion on each of the proposals 

follows below. 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 39721 

Allowing Electronic Calls 

In the 1837 and 1842 Treaty Areas, 

GLIFWC proposes allowing an 

experimental application of electronic 

calls with up to 50 Tribal hunters 

allowed to use the devices. Individuals 

using electronic calls would be required 

to obtain a special Tribal permit, 

complete a hunt diary for each hunt 

where the devices are used, and submit 

the hunt diary to the Commission 

within 2 weeks of the end of the season 

in order to be eligible to obtain a permit 

for the following year. GLIFWC 

proposes to require hunters to record 

the date, time, and location of each 

hunt; the 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 GLIFWC 

deems appropriate. GLIFWC would then 

summarize the diary results and submit 

a report to the Service. Barring 

unforeseen results, GLIFWC proposes 

that this experimental application be 

replicated for 3 years, after which a full 

evaluation would be completed. 

As we have stated over the last 6 years 

(76 FR 54676, September 1, 2011; 77 FR 

54451, September 5, 2012; 78 FR 53218, 

August 28, 2013; 79 FR 52226, 

September 3, 2014; 80 FR 52663, 

September 1, 2015; 81 FR 62404, 

September 9, 2016), the issue of 

allowing electronic calls and other 

electronic devices for migratory game 

bird hunting has been highly debated 

and highly controversial over the last 40 

years, similar to other prohibited 

hunting methods. Electronic calls, i.e., 

the use or aid of recorded or electronic 

amplified bird calls or sounds, or 

recorded or electrically amplified 

imitations of bird calls or sounds to lure 

or attract migratory game birds to 

hunters, were Federally prohibited in 

1957, because of their effectiveness in 

attracting and aiding the harvest of 

ducks and geese and because they are 

generally not considered a legitimate 

component of hunting (see restriction in 

50 CFR 20.21(g)). In 1999, after much 

debate, the migratory bird regulations 

were revised to allow the use of 

electronic calls for the take of light geese 

(lesser snow geese and Ross geese) 

during a light-goose-only season when 

all other waterfowl and crane hunting 

seasons, excluding falconry, were closed 

(64 FR 7507, February 16, 1999; 64 FR 

71236, December 20, 1999; 73 FR 65926, 

November 5, 2008). The regulations 

were also changed in 2006, to allow the 

use of electronic calls for the take of 

resident Canada geese during Canadagoose-only September seasons when all 

other waterfowl and crane seasons, 

excluding falconry, were closed (71 FR 

45964, August 10, 2006). In both 

instances, these changes were made in 

order to significantly increase the take 

of these species due to serious 

population overabundance, depredation 

issues, or public health and safety 

issues, or a combination of these. 

In our previous responses on this 

issue, we have also discussed 

information stemming from the use of 

electronic calls during the special lightgoose seasons and our conclusions as to 

its applicability to most other waterfowl 

species. Given available evidence on the 

effectiveness of electronic calls, we 

continue to be concerned about the large 

biological uncertainty surrounding any 

widespread use of electronic calls. 

Additionally, given the fact that tribal 

waterfowl hunting covered by this 

proposal would occur on ceded lands 

that are not in the ownership of the 

Tribes, we remain very concerned that 

the use of electronic calls to take 

waterfowl would lead to confusion on 

the part of the public, wildlifemanagement agencies, and law 

enforcement officials in implementing 

the requirements of 50 CFR part 20. 

Further, similar to the impacts of 

baiting, we have concerns on the 

uncertain zone of influence range from 

the use of electronic calls which could 

potentially increase harvest from 

nontribal hunters operating within areas 

that electronic calls are used during the 

dates of the general hunt. However, 

unlike baiting, once the electronic call 

is removed from an area, the attractant 

or lure is immediately removed with 

presumably little to no lingering effects. 

Notwithstanding our above concerns, 

we understand and appreciate 

GLIFWC’s position on this issue, their 

desire to increase tribal hunter 

opportunity, harvest, and participation, 

and the importance that GLIFWC has 

ascribed to these issues. We further 

appreciate GLIFWC’s latest proposal on 

the issue. GLIFWC has proposed a 

limited use of electronic calls under an 

experimental design with up to only 50 

Tribal hunters. Hunters would be 

required to obtain special permits and 

complete and submit a hunt diary for 

each hunt where electronic calls were 

used. Clearly, GLIFWC has given this 

issue considerable thought. In our 

recent discussions with them, they have 

willingly discussed our concerns and all 

the uncertainties and difficulties 

surrounding them. Therefore, we agree 

with the tribes that much of the large 

uncertainty surrounding any 

widespread use of electronic calls could 

be potentially controlled, or 

significantly lessened, by this very 

modest experiment. 

In that light, we are proposing 

GLIFWC’s limited experimental 

approach with the hope of gaining some 

additional information and knowledge 

about the use of electronic calls and 

their effects on waterfowl. Ideally, this 

limited approach would include 

utilizing electronic calls both for Canada 

geese (where they may already be used 

in some instances) and new efforts for 

ducks. Important data related to tribal 

hunter interest, participation, effects on 

targeted species, and harvest would 

need to be closely tracked and reported, 

as GLIFWC has proposed. We conclude 

that the experimental removal of the 

electronic call prohibition, with the 

proposed limited design, would be 

consistent with helping address and 

answer some of our long-standing 

concerns, and thus we support 

GLIFWC’s proposal to allow the 

experimental use of electronic calls in 

the 1837 and 1842 Treaty Areas for any 

open season for a 3-year experimental 

period. 

Use of Hand-Held Nets and Snares 

GLIFWC proposes that we allow the 

take of migratory birds (primarily 

waterfowl) with the use of hand-held 

nets, hand-held snares, and the 

capturing of birds by hand in the 1837 

and 1842 Treaty Areas. The GLIWFC 

proposal for the use of nets and snares 

and capturing by hand would include 

the take of birds at night. Within the 

1837 and 1842 Treaty Areas, tribal 

members would be allowed to use nonmechanical, hand-operated nets (i.e., 

throw/cast nets or hand-held nets 

typically used to land fish) and handoperated snares, and could chase and 

capture migratory birds without the aid 

of hunting devices (i.e., by hand). Nonattended nets or snares would not be 

authorized under this proposal. Tribal 

members using nets or snares to take 

migratory birds, or taking birds by hand, 

would be required to obtain a special 

Tribal permit, complete a hunt diary for 

each hunt where these methods are 

used, and submit the hunt diary to the 

Commission within 2 weeks of the end 

of the season in order to be eligible to 

obtain a permit to net migratory birds 

for the following year. GLIFWC-required 

information would include the date, 

time, and location of the hunt; number 

of hunters; the number of each species 

harvested per hunting event; and other 

information GLIFWC deems 

appropriate. Diary results would then be 

summarized and documented in a 

GLIFWC report, which would be 

submitted to the Service. Barring 

unforeseen results, GLIFWC proposes 

that this experimental application be 


sradovich on DSK3GMQ082PROD with PROPOSALS
39722 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 

replicated for 3 years, after which a full 

evaluation would be completed. 

Current regulations at 50 CFR part 20 

do not allow the use of traps, nets, or 

snares to capture migratory game birds 

(see § 20.21(a)), and we are unaware of 

any current State regulations allowing 

the use of traps for the capture of 

resident game birds. While the use of 

traps or nets for birds is not generally 

considered a sport-hunting technique, 

we recognize that their use may be a 

customary and traditional hunting 

method by tribal members. Further, 

GLIFWC’s netting and trapping proposal 

does not allow baiting (which could 

lead to concerns related to potential 

disease transmission) or the herding of 

waterfowl into traps when they are 

largely flightless, such as during the 

summer molt. Practices such as these 

would significantly increase our 

concerns. As such, and recognizing the 

importance GLIFWC has placed on this 

issue, we are not opposed to the 

trapping of migratory birds, especially 

given all the GLIFWC-proposed 

restrictions on their use and the fact that 

they will be manned at all times. Thus, 

we agree with the GLIFWC proposal and 

believe the restrictions they have 

proposed are appropriate to begin a 3- 

year experimental evaluation. 

Extension of the Swan Season 

GLIFWC has conducted a swan season 

in the 1837 and 1842 Treaty Areas since 

2014. While the season primarily is 

targeted at tundra swans, trumpeter 

swans are legally allowed in the daily 

bag limit. However, all swans harvested 

must be registered with the Tribe by 

presenting the fully feathered carcass to 

a tribal registration station or GLIFWC 

warden, to confirm species. If the total 

number of trumpeter swans harvested 

reaches 10, GLIFWC closes the swan 

season by emergency rule. Hunters are 

expected to check the GLIFWC’s Web 

site each day they hunt to determine 

season status. To date, no swans have 

been harvested. GLIFWC would like to 

expand the current swan season by 

beginning the season September 1 rather 

than November 1, as they believe the 

current regulations may too restrictive. 

The trumpeter swan quota would 

remain at 10 swans. Given the absence 

of any swan harvest, we agree. If, in 

future years, the swan season closes 

early due to attainment of the trumpeter 

swan quota before December 31, 

GLIFWC proposes, and we agree, to reevaluate the earlier opening date in 

order to shift potential harvest back 

towards tundra swans. 

Sandhill Crane Season in the 1836 

Treaty Area 

GLIFWC proposes the addition of a 

sandhill crane hunting season in the 

1836 Treaty Area. Currently, the State of 

Michigan does not offer a sandhill crane 

hunt season to their hunters. In the 1836 

and 1842 Treaty Areas, only two 

sandhill cranes were reported harvested 

in each of the first three Tribal sandhill 

crane seasons, with 3 reported harvested 

in 2015. Given the expected relative 

light hunting pressure, the proposed 

daily bag limit of 1 sandhill crane with 

a seasonal bag limit of 3 cranes, and the 

fact that crane harvest will be monitored 

through Tribal-required hunter 

registration, we see no compelling 

biological reason to not approve the 

proposal. 

The proposed 2017–18 waterfowl 

hunting season regulations apply to all 

treaty areas (except where noted) for 

GLIFWC as follows: 

Ducks 

Season Dates: Begin September 1 and 

end December 31, 2017. 

Daily Bag Limit: 50 ducks in the 1837 

and 1842 Treaty Area; 30 ducks in the 

1836 Treaty Area. 

Mergansers 

Season Dates: Begin September 1 and 

end December 31, 2017. 

Daily Bag Limit: 10 mergansers. 

Geese 

Season Dates: Begin September 1 and 

end December 31, 2017. In addition, any 

portion of the ceded territory that is 

open to State-licensed hunters for goose 

hunting outside of these dates will also 

be open concurrently for tribal 

members. 

Daily Bag Limit: 20 geese in aggregate. 

Other Migratory Birds 

A. Coots and Common Moorhens 

(Common Gallinules) 

Season Dates: Begin September 1 and 

end December 31, 2017. 

Daily Bag Limit: 20 coots and 

common moorhens (common 

gallinules), singly or in the aggregate. 

B. Sora and Virginia Rails 

Season Dates: Begin September 1 and 

end December 31, 2017. 

Daily Bag and Possession Limits: 20, 

singly, or in the aggregate, 25. 

C. Common Snipe 

Season Dates: Begin September 1 and 

end December 31, 2017. 

Daily Bag Limit: 16 common snipe. 

D. Woodcock 

Season Dates: Begin September 5 and 

end December 31, 2017. 

Daily Bag Limit: 10 woodcock. 

E. Mourning Dove: 1837 and 1842 

Ceded Territories Only 

Season Dates: Begin September 1 and 

end November 29, 2017. 

Daily Bag Limit: 15 mourning doves. 

F. Sandhill Cranes: 1837 and 1842 

Ceded Territories Only 

Season Dates: Begin September 1 and 

end December 31, 2017. 

Daily Bag Limit: 2 cranes and no 

seasonal bag limit in the 1837 and 1842 

Treaty areas; 1 crane with a seasonal bag 

limit of 3 in the1836 Treaty area. 

G. Swans: 1837 and 1842 Ceded 

Territories Only 

Season Dates: Begin September 1 and 

end December 31, 2017. 

Daily Bag Limit: 2 swans. All 

harvested swans must be registered by 

presenting the fully-feathered carcass to 

a tribal registration station or GLIFWC 

warden. If the total number of trumpeter 

swans harvested reaches 10, the swan 

season will be closed by emergency 

tribal rule. 

General Conditions 

A. All tribal members will be required 

to obtain a valid tribal waterfowl 

hunting permit. 

B. Except as otherwise noted, tribal 

members will be required to comply 

with tribal codes that will be no less 

restrictive than the model ceded 

territory conservation codes approved 

by Federal courts in the Lac Courte 

Oreilles v. State of Wisconsin (Voigt) 

and Mille Lacs Band v. State of 

Minnesota cases. Chapter 10 in each of 

these model codes regulates ceded 

territory migratory bird hunting. Both 

versions of Chapter 10 parallel Federal 

requirements as to hunting methods, 

transportation, sale, exportation, and 

other conditions generally applicable to 

migratory bird hunting. They also 

automatically incorporate by reference 

the Federal migratory bird regulations 

adopted in response to this proposal. 

C. Particular regulations of note 

include: 

1. Nontoxic shot will be required for 

all waterfowl hunting by tribal 

members. 

2. Tribal members in each zone will 

comply with tribal regulations 

providing for closed and restricted 

waterfowl hunting areas. These 

regulations generally incorporate the 

same restrictions contained in parallel 

State regulations. 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 39723 

3. There are no possession limits, 

with the exception of 2 swans (in the 

aggregate) and 25 rails (in the aggregate). 

For purposes of enforcing bag limits, all 

migratory birds in the possession and 

custody of tribal members on ceded 

lands 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 offreservation bag or possession limit. 

4. The baiting restrictions included in 

the respective section 10.05(2)(h) of the 

model ceded territory conservation 

codes will be amended to include 

language which parallels that in place 

for nontribal members as published at 

64 FR 29799, June 3, 1999. 

5. There are no shell limit restrictions. 

6. Hunting hours are from 30 minutes 

before sunrise to 30 minutes after 

sunset, 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 #8 below for further 

information). Hunters shall also be 

permitted to capture, without the aid of 

other devices (i.e., by hand) and 

immediately kill birds subject to an 

open season, regardless of the time of 

day. 

7. An experimental application of 

electronic calls will be implemented in 

the 1837 and 1842 Ceded Territories. Up 

to 50 tribal hunters will be allowed to 

use electronic calls. Individuals using 

these devices will be required to obtain 

a special permit; they will be required 

to complete a hunt diary for each hunt 

where electronic calls are used; and 

they will be required to submit the hunt 

diary to the Commission within 2 weeks 

of the end of the season in order to be 

eligible to obtain an permit for the 

following year. Required information 

will include the date, time, and location 

of the hunt; number of hunters; the 

number of each species harvested per 

hunting event; if other hunters were in 

the area, any interactions with other 

hunters; and other information deemed 

appropriate. Diary results will be 

summarized and documented in a 

Commission report, which will be 

submitted to the Service. Barring 

unforeseen results, this experimental 

application would be replicated for 3 

years, after which a full evaluation 

would be completed. 

8. Within the 1837 and 1842 Ceded 

Territories, tribal members will be 

allowed to use non-mechanical, handoperated nets (i.e., throw/cast nets or 

hand-held 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 shall not be authorized 

under this regulation. Tribal members 

using nets or snares to take migratory 

birds, or taking birds by hand, will be 

required to obtain a special permit; they 

will be required to complete a hunt 

diary for each hunt where these 

methods are used; and they will be 

required to submit the hunt diary to the 

Commission within 2 weeks of the end 

of the season in order to be eligible to 

obtain a permit to net migratory birds 

for the following year. Required 

information will include the date, time, 

and location of the hunt; number of 

hunters; the number of each species 

harvested per hunting event; and other 

information deemed appropriate. Diary 

results will be summarized and 

documented in a Commission report, 

which will be submitted to the Service. 

Barring unforeseen results, this 

experimental application would be 

replicated for 3 years, after which a full 

evaluation would be completed. 

We propose to approve the above 

GLIFWC regulations for the 2017–18 

hunting season. 

(f) Jicarilla Apache Tribe, Jicarilla 

Indian Reservation, Dulce, New Mexico 

(Tribal Members and Nontribal Hunters) 

The Jicarilla Apache Tribe has had 

special migratory bird hunting 

regulations for tribal members and 

nonmembers since the 1986–87 hunting 

season. The Tribe owns all lands on the 

reservation and has recognized full 

wildlife management authority. In 

general, the proposed seasons would be 

more conservative than allowed by the 

Federal frameworks of last season and 

by States in the Pacific Flyway. 

The Tribe proposes a 2017–18 

waterfowl and Canada goose season 

beginning October 14, 2017, and a 

closing date of November 30, 2017. 

Daily bag and possession limits for 

waterfowl would be the same as Pacific 

Flyway States. The Tribe proposes a 

daily bag limit for Canada geese of two. 

Other regulations specific to the Pacific 

Flyway guidelines for New Mexico 

would be in effect. 

During the Jicarilla Game and Fish 

Department’s 2015–16 season, estimated 

duck harvest was 45, which is the 

lowest on record. The species 

composition included mainly mallards, 

northern shovelor, gadwall, American 

wigeon, and teal. The estimated harvest 

of geese was 0 birds. 

The proposed regulations are 

essentially the same as were established 

last year. The Tribe anticipates the 

maximum 2017–18 waterfowl harvest 

would be around 300 ducks and 30 

geese. 

We propose to approve the Tribe’s 

requested 2017–18 hunting seasons. 

(g) Kalispel Tribe, Kalispel Reservation, 

Usk, Washington (Tribal Members and 

Nontribal Hunters) 

The Kalispel Reservation was 

established by Executive Order in 1914, 

and currently comprises approximately 

4,600 acres. The Tribe owns all 

Reservation land and has full 

management authority. The Kalispel 

Tribe has a fully developed wildlife 

program with hunting and fishing 

codes. The Tribe enjoys excellent 

wildlife management relations with the 

State. The Tribe and the State have an 

operational memorandum of 

understanding with emphasis on 

fisheries but also for wildlife. 

The nontribal member seasons 

described below pertain to a 176-acre 

waterfowl management unit and 800 

acres of reservation land with a guide 

for waterfowl hunting. The Tribe is 

utilizing this opportunity to rehabilitate 

an area that needs protection because of 

past land use practices, as well as to 

provide additional waterfowl hunting in 

the area. Beginning in 1996, the 

requested regulations also included a 

proposal for Kalispel-member-only 

migratory bird hunting on Kalispelceded lands within Washington, 

Montana, and Idaho. 

For the 2017–18 migratory bird 

hunting seasons, the Kalispel Tribe 

proposes tribal and nontribal member 

waterfowl seasons. The Tribe requests 

that both duck and goose seasons open 

at the earliest possible date and close on 

the latest date under Federal 

frameworks. 

For nontribal hunters on Tribally 

managed lands, the Tribe requests the 

seasons open at the earliest possible 

date and remain open, for the maximum 

amount of open days. Specifically, the 

Tribe requests a season for ducks run 

September 23–24, 2017, September 29– 

30, 2017, and from October 1, 2017, to 

January 8, 2018. In that period, 

nontribal hunters would be allowed to 

hunt approximately 107 days. Hunters 

should obtain further information on 

specific hunt days from the Kalispel 

Tribe. 

For nontribal hunters on Tribally 

managed lands, the Tribe also requests 

a season for geese run September 9–10, 

2017, September 16–17, 2017, and from 

October 1, 2017, to January 8, 2018. 

Total number of days should not exceed 

107. Nontribal hunters should obtain 

further information on specific hunt 

days from the Tribe. Daily bag and 


sradovich on DSK3GMQ082PROD with PROPOSALS
39724 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 

possession limits would be the same as 

those for the State of Washington. 

The Tribe reports past nontribal 

harvest of 1.5 ducks per day. Under the 

proposal, the Tribe expects harvest to be 

similar to last year, that is, fewer than 

100 geese and 200 ducks. 

All other State and Federal 

regulations contained in 50 CFR part 20, 

such as use of nontoxic shot and 

possession of a signed migratory bird 

hunting and conservation stamp, would 

be required. 

For tribal members on Kalispel-ceded 

lands, the Kalispel Tribe proposes 

season dates for ducks of October 10, 

2017, through January 31, 2018, and for 

geese of September 10, 2017, through 

January 31, 2018. Daily bag and 

possession limits would parallel those 

in the Federal regulations contained in 

50 CFR part 20. 

The Tribe reports that there was no 

tribal harvest. Under the proposal, the 

Tribe expects harvest to be fewer than 

200 birds for the season with fewer than 

100 geese. Tribal members would be 

required to possess a signed Federal 

migratory bird stamp and a tribal ceded 

lands permit. 

We propose to approve the 

regulations requested by the Kalispel 

Tribe, since these dates conform to 

Federal flyway frameworks for the 

Pacific Flyway. 

(h) Klamath Tribe, Chiloquin, Oregon 

(Tribal Members Only) 

The Klamath Tribe currently has no 

reservation, per se. However, the 

Klamath Tribe has reserved hunting, 

fishing, and gathering rights within its 

former reservation boundary. This area 

of former reservation, granted to the 

Klamaths by the Treaty of 1864, is over 

1 million acres. Tribal natural resource 

management authority is derived from 

the Treaty of 1864, and carried out 

cooperatively under the judicially 

enforced Consent Decree of 1981. The 

parties to this Consent Decree are the 

Federal Government, the State of 

Oregon, and the Klamath Tribe. The 

Klamath Indian Game Commission sets 

the seasons. The tribal biological staff 

and tribal regulatory enforcement 

officers monitor tribal harvest by 

frequent bag checks and hunter 

interviews. 

For the 2017–18 seasons, the Tribe 

requests proposed season dates of 

October 7, 2017, through January 31, 

2018. Daily bag limits would be 9 for 

ducks, 9 for geese, and 9 for coot, with 

possession limits twice the daily bag 

limit. Shooting hours would be one-half 

hour before sunrise to one-half hour 

after sunset. Steel shot is required. 

Based on the number of birds 

produced in the Klamath Basin, this 

year’s harvest would be similar to last 

year’s. Information on tribal harvest 

suggests that more than 70 percent of 

the annual goose harvest is local birds 

produced in the Klamath Basin. 

We propose to approve those 2017–18 

special migratory bird hunting 

regulations. 

(i) Leech Lake Band of Ojibwe, Cass 

Lake, Minnesota (Tribal Members Only) 

The Leech Lake Band of Ojibwe is a 

federally recognized Tribe located in 

Cass Lake, Minnesota. The reservation 

employs conservation officers to enforce 

conservation regulations. The Service 

and the Tribe have cooperatively 

established migratory bird hunting 

regulations since 2000. 

For the 2017–18 season, the Tribe 

requests a duck season starting on 

September 16 and ending December 31, 

2017, and a goose season to run from 

September 1 through December 31, 

2017. Daily bag limits for ducks would 

be 10, including no more than 5 pintail, 

5 canvasback, and 5 black ducks. Daily 

bag limits for geese would be 10. 

Possession limits would be twice the 

daily bag limit. Shooting hours are onehalf hour before sunrise to one-half hour 

after sunset. 

The annual harvest by tribal members 

on the Leech Lake Reservation is 

estimated at 250 to 500 birds. 

We propose to approve the Leech 

Lake Band of Ojibwe’s requested 2017– 

18 special migratory bird hunting 

season. 

(j) Little River Band of Ottawa Indians, 

Manistee, Michigan (Tribal Members 

Only) 

The Little River Band of Ottawa 

Indians is a self-governing, federally 

recognized Tribe located in Manistee, 

Michigan, and a signatory Tribe of the 

Treaty of 1836. We have approved 

special regulations for tribal members of 

the 1836 treaty’s signatory Tribes on 

ceded lands in Michigan since the 

1986–87 hunting season. Ceded lands 

are located in Lake, Mason, Manistee, 

and Wexford Counties. The Band 

proposes regulations to govern the 

hunting of migratory birds by Tribal 

members within the 1836 Ceded 

Territory as well as on the Band’s 

Reservation. 

For the 2017–18 season, the Little 

River Band of Ottawa Indians proposes 

a duck and merganser season from 

September 9, 2017, through January 26, 

2018. A daily bag limit of 12 ducks 

would include no more than 2 pintail, 

2 canvasback, 3 black ducks, 3 wood 

ducks, 3 redheads, 6 mallards (only 2 of 

which may be a hen), 1 bufflehead, and 

1 hooded merganser. Possession limits 

would be twice the daily bag limit. 

For coots and gallinules, the Tribe 

proposes a September 15, 2017, through 

January 26, 2018, season. Daily bag 

limits would be five coot and five 

gallinule. 

For white-fronted geese, snow geese, 

and brant, the Tribe proposes a 

September 8 through December 10, 

2017, season. Daily bag limits would be 

five geese. 

For Canada geese only, the Tribe 

proposes a September 1, 2017, through 

February 4, 2018, season with a daily 

bag limit of five. The possession limit 

would be twice the daily bag limit. 

For snipe, woodcock, rails, and 

mourning doves, the Tribe proposes a 

September 1 to November 12, 2017, 

season. The daily bag limit would be 10 

common snipe, 5 woodcock, 10 rails, 

and 10 mourning doves. Possession 

limits for all species would be twice the 

daily bag limit. 

The Tribe monitors harvest through 

mail surveys. General conditions are as 

follows: 

A. All tribal members will be required 

to obtain a valid tribal resource card and 

2017–18 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. 

We plan to approve Little River Band 

of Ottawa Indians’ 2017–18 special 

migratory bird hunting seasons. 

(k) The Little Traverse Bay Bands of 

Odawa Indians, Petoskey, Michigan 

(Tribal Members Only) 

The Little Traverse Bay Bands of 

Odawa Indians (LTBB) is a selfgoverning, federally recognized Tribe 

located in Petoskey, Michigan, and a 

signatory Tribe of the Treaty of 1836. 

We have approved special regulations 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 39725 

for tribal members of the 1836 treaty’s 

signatory Tribes on ceded lands in 

Michigan since the 1986–87 hunting 

season. 

For the 2017–18 season, we have not 

yet heard from the Little Traverse Bay 

Bands of Odawa Indians. The LTBB 

usually proposes regulations similar to 

those of other Tribes in the 1836 treaty 

area. The LTBB usually proposes the 

regulations to govern the hunting of 

migratory birds by tribal members on 

the LTBB reservation and within the 

1836 Treaty Ceded Territory. The tribal 

member duck and merganser season 

would usually run from September 1, 

2017, through January 31, 2018. A daily 

bag limit of 20 ducks and 10 mergansers 

would include no more than 5 hen 

mallards, 5 pintail, 5 canvasback, 5 

scaup, 5 hooded merganser, 5 black 

ducks, 5 wood ducks, and 5 redheads. 

For Canada geese, the LTBB usually 

proposes a September 1, 2017, through 

February 8, 2018, season. The daily bag 

limit for Canada geese would be 20 

birds. We further note that, based on 

available data (of major goose migration 

routes), it is unlikely that any Canada 

geese from the Southern James Bay 

Population would be harvested by the 

LTBB. Possession limits are twice the 

daily bag limit. 

For woodcock, the LTBB usually 

proposes a September 1 to December 1, 

2017, season. The daily bag limit will 

not exceed 10 birds. For snipe, the 

LTBB proposes a September 1 to 

December 31, 2017, season. The daily 

bag limit will not exceed 16 birds. For 

mourning doves, the LTBB usually 

proposes a September 1 to November 

14, 2017, season. The daily bag limit 

will not exceed 15 birds. For Virginia 

and sora rails, the LTBB usually 

proposes a September 1 to December 31, 

2017, season. The daily bag limit will 

not exceed 20 birds per species. For 

coots and gallinules, the LTBB usually 

proposes a September 15 to December 

31, 2017, season. The daily bag limit 

will not exceed 20 birds per species. 

The possession limit will not exceed 2 

days’ bag limit for all birds. 

The LTBB also usually proposes a 

sandhill crane season to begin 

September 1 and end December 1, 2017. 

The daily bag limit will not exceed one 

bird. The possession limit will not 

exceed two times the bag limit. 

All other Federal regulations 

contained in 50 CFR part 20 would 

apply. 

Harvest surveys from 2014–15 

hunting season indicated that 

approximately 10 hunters harvested 10 

different waterfowl species totaling 69 

birds. No sandhill cranes were reported 

harvested during the 2014–15 season. 

The LTBB usually proposes to monitor 

harvest closely through game bag 

checks, patrols, and mail surveys. In 

particular, the LTBB usually proposes 

monitoring the harvest of Southern 

James Bay Canada geese and sandhill 

cranes to assess any impacts of tribal 

hunting on the population. 

We propose to approve the Little 

Traverse Bay Bands of Odawa Indians’ 

requested 2017–18 special migratory 

bird hunting regulations, upon receipt 

of their proposal. 

(l) Lower Brule Sioux Tribe, Lower Brule 

Reservation, Lower Brule, South Dakota 

(Tribal Members and Nontribal Hunters) 

The Lower Brule Sioux Tribe first 

established tribal migratory bird hunting 

regulations for the Lower Brule 

Reservation in 1994. The Lower Brule 

Reservation is about 214,000 acres in 

size and is located on and adjacent to 

the Missouri River, south of Pierre. Land 

ownership on the reservation is mixed, 

and until recently, the Lower Brule 

Tribe had full management authority 

over fish and wildlife via a 

memorandum of agreement (MOA) with 

the State of South Dakota. The MOA 

provided the Tribe jurisdiction over fish 

and wildlife on reservation lands, 

including deeded and U.S. Army Corps 

of Engineers-taken lands. For the 2017– 

18 season, the two parties have come to 

an agreement that provides the public a 

clear understanding of the Lower Brule 

Sioux Wildlife Department license 

requirements and hunting season 

regulations. The Lower Brule 

Reservation waterfowl season is open to 

tribal and nontribal hunters. 

For the 2017–18 migratory bird 

hunting season, the Lower Brule Sioux 

Tribe proposes 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 from October 7, 2017, through 

January 11, 2018. The daily bag limit 

would be six birds or the maximum 

number that Federal regulations allow, 

including no more than two hen mallard 

and five mallards total, two pintail, two 

redhead, two canvasback, three wood 

duck, three scaup, and one mottled 

duck. The daily bag limit for mergansers 

would be five, only two of which could 

be a hooded merganser. The daily bag 

limit for coots would be 15. Possession 

limits would be three times the daily 

bag limits. 

The Tribe’s proposed nontribalmember Canada goose season would run 

from October 28, 2017, through 

February 11, 2018 (107-day season 

length), with a daily bag limit of six 

Canada geese. The Tribe’s proposed 

nontribal member white-fronted goose 

season would run from October 28, 

2017, through January 23, 2018, with a 

daily bag and possession limits 

concurrent with Federal regulations. 

The Tribe’s proposed nontribal-member 

light goose season would run from 

October 28, 2017, through February 11, 

2018, and February 12 through March 

10, 2018. The light goose daily bag limit 

would be 20 or the maximum number 

that Federal regulations allow with no 

possession limits. 

For tribal members, the Lower Brule 

Sioux Tribe proposes a duck, merganser, 

and coot season from September 1, 

2017, through March 10, 2018. The 

daily bag limit would be six ducks, 

including no more than two hen mallard 

and five mallards total, two pintail, two 

redheads, two canvasback, three wood 

ducks, three scaup, two bonus teal 

during the first 16 days of the season, 

and one mottled duck or the maximum 

number that Federal regulations allow. 

The daily bag limit for mergansers 

would be five, only two of which could 

be hooded mergansers. The daily bag 

limit for coots would be 15. Possession 

limits would be three times the daily 

bag limits. 

The Tribe’s proposed Canada goose 

season for tribal members would run 

from September 1, 2017, through March 

10, 2018, with a daily bag limit of six 

Canada geese. The Tribe’s proposed 

white-fronted goose tribal season would 

run from September 1, 2017, through 

March 10, 2018, with a daily bag limit 

of two white-fronted geese or the 

maximum number that Federal 

regulations allow. The Tribe’s proposed 

light goose tribal season would run from 

September 1, 2017, through March 10, 

2018. The light goose daily bag limit 

would be 20 or the maximum number 

that Federal regulations allow, with no 

possession limits. 

In the 2013–14 season, nontribal 

members harvested 641 geese and 1,616 

ducks. In the 2013–14 season, duck 

harvest species composition was 

primarily mallard (67 percent), gadwall 

(5 percent), green-winged teal (7 

percent), and wigeon (5 percent). 

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, 

Migratory Bird Hunting and 

Conservation Stamps, etc., would be 

observed by the Tribe’s proposed 

regulations. In addition, the Lower 

Brule Sioux Tribe has an official 

Conservation Code that was established 

by Tribal Council Resolution in June 

1982 and updated in 1996. 


sradovich on DSK3GMQ082PROD with PROPOSALS
39726 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 

We plan to approve the Tribe’s 

requested regulations for the Lower 

Brule Reservation if the seasons’ dates 

fall within final Federal flyway 

frameworks (applies to nontribal 

hunters only). 

(m) Lower Elwha Klallam Tribe, Port 

Angeles, Washington (Tribal Members 

Only) 

Since 1996, the Service and the Point 

No Point Treaty Tribes, of which Lower 

Elwha was one, have cooperated to 

establish special regulations for 

migratory bird hunting. The Tribes are 

now acting independently, and the 

Lower Elwha Klallam Tribe would like 

to establish migratory bird hunting 

regulations for tribal members for the 

2017–18 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 2017–18 season, we have yet 

to hear from the Lower Elwha Klallam 

Tribe. The Tribe usually requests 

special migratory bird hunting 

regulations for ducks (including 

mergansers), geese, coots, band-tailed 

pigeons, snipe, and mourning doves. 

The Lower Elwha Klallam Tribe usually 

requests a duck and coot season from 

September 13, 2017, to January 4, 2018. 

The daily bag limit will be seven ducks, 

including no more than two hen 

mallards, one pintail, one canvasback, 

and two redheads. The daily bag and 

possession limit on harlequin duck will 

be one per season. The coot daily bag 

limit will be 25. The possession limit 

will be twice the daily bag limit, except 

as noted above. 

For geese, the Tribe usually requests 

a season from September 13, 2017, to 

January 4, 2018. The daily bag limit will 

be four, including no more than three 

light geese. The season on Aleutian 

Canada geese will be closed. 

For brant, the Tribe usually proposes 

to close the season. 

For mourning doves, band-tailed 

pigeon, and snipe, the Tribe usually 

requests a season from September 1, 

2017, to January 11, 2018, with a daily 

bag limit of 10, 2, and 8, respectively. 

The possession limit will be twice the 

daily bag limit. 

All Tribal hunters authorized to hunt 

migratory birds are required to obtain a 

tribal hunting permit from the Lower 

Elwha Klallam Tribe pursuant to tribal 

law. Hunting hours would be from onehalf hour before sunrise to sunset. Only 

steel, tungsten-iron, tungsten-polymer, 

tungsten-matrix, and tin shot are 

allowed for hunting waterfowl. It is 

unlawful to use or possess lead shot 

while hunting waterfowl. 

The Tribe typically anticipates 

harvest to be fewer than 10 birds. Tribal 

reservation police and Tribal fisheries 

enforcement officers have the authority 

to enforce these migratory bird hunting 

regulations. 

The Service proposes to approve the 

special migratory bird hunting 

regulations for the Lower Elwha Klallam 

Tribe upon receipt of their proposal. 

(n) Makah Indian Tribe, Neah Bay, 

Washington (Tribal Members Only) 

The Makah Indian Tribe and the 

Service have been cooperating to 

establish special regulations for 

migratory game birds on the Makah 

Reservation and traditional hunting 

land off the Makah Reservation since 

the 2001–02 hunting season. Lands off 

the Makah Reservation are those 

contained within the boundaries of the 

State of Washington Game Management 

Units 601–603. 

The Makah Indian Tribe proposes a 

duck and coot hunting season from 

September 23, 2017, to January 28, 

2018. The daily bag limit is seven 

ducks, including no more than five 

mallards (only two hen mallard), one 

canvasback, one pintail, three scaup, 

and one redhead. The daily bag limit for 

coots is 25. The Tribe has a year-round 

closure on wood ducks and harlequin 

ducks. Shooting hours for all species of 

waterfowl are one-half hour before 

sunrise to sunset. 

For geese, the Tribe proposes that the 

season open on September 23, 2017, and 

close January 28, 2018. The daily bag 

limit for geese is four and one brant. The 

Tribe notes that there is a year-round 

closure on Aleutian and dusky Canada 

geese. 

For band-tailed pigeons, the Tribe 

proposes that the season open 

September 22, 2017, and close October 

23, 2017. The daily bag limit for bandtailed pigeons is two. 

The Tribe anticipates that harvest 

under this regulation will be relatively 

low since there are no known dedicated 

waterfowl hunters and any harvest of 

waterfowl or band-tailed pigeons is 

usually incidental to hunting for other 

species, such as deer, elk, and bear. The 

Tribe expects fewer than 50 ducks and 

10 geese to be harvested during the 

2017–18 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 

species of waterfowl. Additionally, 

shotguns must not be discharged within 

0.25 miles of an occupied area. 

(2) Hunters must be eligible, enrolled 

Makah tribal members and must carry 

their Indian Treaty Fishing and Hunting 

Identification Card while hunting. No 

tags or permits are required to hunt 

waterfowl. 

(3) The Cape Flattery area is open to 

waterfowl hunting, except in designated 

wilderness areas, or within 1 mile of 

Cape Flattery Trail, or in any area that 

is closed to hunting by another 

ordinance or regulation. 

(4) The use of live decoys and/or 

baiting to pursue any species of 

waterfowl is prohibited. 

(5) Steel or bismuth shot only for 

waterfowl is allowed; the use of lead 

shot is prohibited. 

(6) The use of dogs is permitted to 

hunt waterfowl. 

The Service proposes to approve the 

Makah Indian Tribe’s requested 2017– 

18 special migratory bird hunting 

regulations. 

(o) Navajo Nation, Navajo Indian 

Reservation, Window Rock, Arizona 

(Tribal Members and Nontribal Hunters) 

Since 1985, we have established 

uniform migratory bird hunting 

regulations for tribal members and 

nonmembers on the Navajo Indian 

Reservation (in parts of Arizona, New 

Mexico, and Utah). The Navajo Nation 

owns almost all lands on the reservation 

and has full wildlife management 

authority. 

For the 2017–18 season, the Tribe 

requests the earliest opening dates and 

longest duck, mergansers, Canada geese, 

and coots seasons, and the same daily 

bag and possession limits allowed to 

Pacific Flyway States under final 

Federal frameworks for tribal and 

nontribal members. 

For both mourning dove and bandtailed pigeons, the Navajo Nation 

proposes seasons of September 1 

through September 30, 2017, with daily 

bag limits of 10 and 5, respectively. 

Possession limits would be twice the 

daily bag limits. 

The Nation requires tribal members 

and nonmembers to comply with all 

basic Federal migratory bird hunting 

regulations in 50 CFR part 20 pertaining 

to shooting hours and manner of taking. 

In addition, each waterfowl hunter age 

16 or older must carry on his/her person 

a valid Migratory Bird Hunting and 

Conservation Stamp (Duck Stamp), 

which must be signed in ink across the 

face. Special regulations established by 

the Navajo Nation also apply on the 

reservation. 

The Tribe anticipates a total harvest of 

fewer than 500 mourning doves; fewer 

than 10 band-tailed pigeons; fewer than 

1,000 ducks, coots, and mergansers; and 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 39727 

fewer than 1,000 Canada geese for the 

2017–18 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. 

We propose to approve the Navajo 

Nation’s 2017–18 special migratory bird 

hunting regulations. 

(p) Oneida Tribe of Indians of 

Wisconsin, Oneida, Wisconsin (Tribal 

Members Only) 

Since 1991–92, the Oneida Tribe of 

Indians of Wisconsin and the Service 

have cooperated to establish uniform 

regulations for migratory bird hunting 

by tribal and nontribal hunters within 

the original Oneida Reservation 

boundaries. Since 1985, the Oneida 

Tribe’s Conservation Department has 

enforced the Tribe’s hunting regulations 

within those original reservation limits. 

The Oneida Tribe also has a good 

working relationship with the State of 

Wisconsin, and the majority of the 

seasons and limits are the same for the 

Tribe and Wisconsin. 

For the 2017–18 season, the Tribe 

submitted a proposal requesting special 

migratory bird hunting regulations. For 

ducks, the Tribe proposal describes the 

general outside dates as being 

September 16 through December 3, 

2017. The Tribe proposes a daily bag 

limit of six birds, which could include 

no more than six mallards (three hen 

mallards), six wood ducks, one redhead, 

two pintails, and one hooded 

merganser. 

For geese, the Tribe requests a season 

between September 1 and December 31, 

2017, with a daily bag limit of five 

Canada geese. If a quota of 500 geese is 

attained before the season concludes, 

the Tribe will recommend closing the 

season early. 

For woodcock, the Tribe proposes a 

season between September 2 and 

November 5, 2017, with a daily bag and 

possession limit of two and four, 

respectively. 

For mourning dove, the Tribe 

proposes a season between September 2 

and November 5, 2017, with a daily bag 

and possession limit of 10 and 20, 

respectively. 

The Tribe proposes shooting hours be 

one-half hour before sunrise to one-half 

hour after sunset. Nontribal hunters 

hunting on the Reservation or on lands 

under the jurisdiction of the Tribe must 

comply with all State of Wisconsin 

regulations, including shooting hours of 

one-half hour before sunrise to sunset, 

season dates, and daily bag limits. 

Tribal members and nontribal hunters 

hunting on the Reservation or on lands 

under the jurisdiction of the Tribe must 

observe all basic Federal migratory bird 

hunting regulations found in 50 CFR 

part 20, with the following exceptions: 

Oneida members would be exempt from 

the purchase of the Migratory Bird 

Hunting and Conservation Stamp (Duck 

Stamp); and shotgun capacity is not 

limited to three shells. 

The Service proposes to approve the 

2017–18 special migratory bird hunting 

regulations for the Oneida Tribe of 

Indians of Wisconsin. 

(q) Point No Point Treaty Council 

Tribes, Kingston, Washington (Tribal 

Members Only) 

We are establishing uniform migratory 

bird hunting regulations for tribal 

members on behalf of the Point No Point 

Treaty Council Tribes, consisting of the 

Port Gamble S’Klallam and Jamestown 

S’Klallam Tribes. The two tribes have 

reservations and ceded areas in 

northwestern Washington State and are 

the successors to the signatories of the 

Treaty of Point No Point of 1855. These 

proposed regulations will apply to tribal 

members both on and off reservations 

within the Point No Point Treaty Areas; 

however, the Port Gamble S’Klallam and 

Jamestown S’Klallam Tribal season 

dates differ only where indicated below. 

For the 2017–18 season, the Point No 

Point Treaty Council requests special 

migratory bird hunting regulations for 

both the Jamestown S’Klallam and Port 

Gamble S’Klallam Tribes. For ducks, the 

Jamestown S’Klallam Tribe season 

would open September 1, 2017, and 

close March 10, 2018, and coots would 

open September 13, 2017, and close 

February 1, 2018. The Port Gamble 

S’Klallam Tribes duck and coot seasons 

would open from September 1, 2017, to 

March 10, 2018. The daily bag limit 

would be seven ducks, including no 

more than two hen mallards, one 

canvasback, one pintail, two redhead, 

and four scoters. The daily bag limit for 

coots would be 14. The daily bag limit 

and possession limit on harlequin ducks 

would be one per season. The daily 

possession limits are double the daily 

bag limits except where noted. 

For geese, the Point No Point Treaty 

Council proposes the season open on 

September 9, 2017, and close March 10, 

2018, for the Jamestown S’Klallam 

Tribe, and open on September 1, 2017, 

and close March 10, 2018, for the Port 

Gamble S’Klallam Tribe. The daily bag 

limit for geese would be four, not to 

include more than three light geese. The 

Council notes that there is a year-round 

closure on dusky Canada geese. For 

brant, the Council proposes the season 

open on November 9, 2017, and close 

January 31, 2018, for the Port Gamble 

S’Klallam Tribe, and open on January 10 

and close January 25, 2018, for the 

Jamestown S’Klallam Tribe. The daily 

bag limit for brant would be two. 

For band-tailed pigeons, the Port 

Gamble S’Klallam Tribe season would 

open September 1, 2017, and close 

March 10, 2018. The Jamestown 

S’Klallam Tribe season would open 

September 13, 2017, and close January 

18, 2018. The daily bag limit for bandtailed pigeons would be two. For snipe, 

the Port Gamble S’Klallam Tribe season 

would open September 1, 2017, and 

close March 10, 2018. The Jamestown 

S’Klallam Tribe season would open 

September 13, 2017, and close March 

10, 2018. The daily bag limit for snipe 

would be eight. For mourning dove, the 

Port Gamble S’Klallam Tribe season 

would open September 1, 2017, and 

close January 31, 2018. The Jamestown 

S’Klallam Tribe would open September 

13, 2017, and close January 18, 2018. 

The daily bag limit for mourning dove 

would be 10. 

The Tribe anticipates a total harvest of 

fewer than 175 birds for the 2017–18 

season. The tribal fish and wildlife 

enforcement officers have the authority 

to enforce these tribal regulations. 

We propose to approve the Point No 

Point Treaty Council Tribe’s requested 

2017–18 special migratory bird seasons. 

(r) Saginaw Tribe of Chippewa Indians, 

Mt. Pleasant, Michigan (Tribal Members 

Only) 

The Saginaw Tribe of Chippewa 

Indians is a federally recognized, selfgoverning Indian Tribe, located on the 

Isabella Reservation lands bound by 

Saginaw Bay in Isabella and Arenac 

Counties, Michigan. 

In a December 1, 2016, letter, the 

Tribe proposes special migratory bird 

hunting regulations. For ducks, 

mergansers, and common snipe, the 

Tribe proposes outside dates as 

September 1, 2017, through January 31, 

2018. The Tribe proposes a daily bag 

limit of 20 ducks, which could include 

no more than five each of the following: 

hen mallards; wood duck; black duck; 

pintail; red head; scaup; and 

canvasback. The merganser daily bag 

limit is 10, with no more than 5 hooded 

mergansers and 16 for common snipe. 

For geese, coot, gallinule, sora, and 

Virginia rail, the Tribe requests a season 

from September 1, 2017, to January 31, 

2018. The daily bag limit for geese is 20, 

in the aggregate. The daily bag limit for 

coot, gallinule, sora, and Virginia rail is 

20 in the aggregate. 


sradovich on DSK3GMQ082PROD with PROPOSALS
39728 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 

For woodcock and mourning dove, 

the Tribe proposes a season between 

September 1, 2017, and January 31, 

2018, with daily bag limits of 10 and 25, 

respectively. 

For sandhill crane, the Tribe proposes 

a season between September 1, 2017, 

and January 31, 2018, 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. 

The Service proposes to approve the 

request for 2017–18 special migratory 

bird hunting regulations for the Saginaw 

Tribe of Chippewa Indians. 

(s) 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 proposes special migratory 

bird hunting regulations. For ducks, 

mergansers, and common snipe, the 

Tribe proposes outside dates as 

September 15 through December 31, 

2017. The Tribe proposes a daily bag 

limit of 20 ducks, which could include 

no more than 10 mallards (5 hen 

mallards), 5 wood duck, 5 black duck, 

and 5 canvasbacks. The merganser daily 

bag limit is 10 in the aggregate and 16 

for common snipe. 

For geese, teal, coot, gallinule, sora, 

and Virginia rail, the Tribe requests a 

season from September 1 to December 

31, 2017. The daily bag limit for geese 

is 20, in the aggregate. The daily bag 

limit for coot, teal, gallinule, sora, and 

Virginia rail is 20 in the aggregate. 

For woodcock, the Tribe proposes a 

season between September 2 and 

December 1, 2017, with a daily bag and 

possession limit of 10 and 20, 

respectively. 

For mourning dove, the Tribe 

proposes a season between September 1 

and November 14, 2017, with a daily 

bag and possession limit of 10 and 20, 

respectively. 

In 2014, the total estimated waterfowl 

hunters were 266. All Sault Ste. Marie 

Tribe members exercising hunting treaty 

rights within the 1836 Ceded Territory 

are required to submit annual harvest 

reports including date of harvest, 

number and species harvested, and 

location of harvest. Hunting hours 

would be from one-half hour before 

sunrise to one-half hour after sunset. All 

other regulations in 50 CFR part 20 

apply, including the use of only 

nontoxic shot for hunting waterfowl. 

The Service proposes to approve the 

request for 2017–18 special migratory 

bird hunting regulations for the Sault 

Ste. Marie Tribe of Chippewa Indians. 

(t) Shoshone-Bannock Tribes, Fort Hall 

Indian Reservation, Fort Hall, Idaho 

(Nontribal Hunters) 

Almost all of the Fort Hall Indian 

Reservation is tribally owned. The 

Tribes claim full wildlife management 

authority throughout the reservation, 

but the Idaho Fish and Game 

Department has disputed tribal 

jurisdiction, especially for hunting by 

nontribal members on reservation lands 

owned by non-Indians. As a 

compromise, since 1985, we have 

established the same waterfowl hunting 

regulations on the reservation and in a 

surrounding off-reservation State zone. 

The regulations were requested by the 

Tribes and provided for different season 

dates than in the remainder of the State. 

We agreed to the season dates because 

they would provide additional 

protection to mallards and pintails. The 

State of Idaho concurred with the 

zoning arrangement. We have no 

objection to the State’s use of this zone 

again in the 2017–18 hunting season, 

provided the duck and goose hunting 

season dates are the same as on the 

reservation. 

In a proposal for the 2017–18 hunting 

season, the Shoshone–Bannock Tribes 

request a continuous duck (including 

mergansers and coots) season, with the 

maximum number of days and the same 

daily bag and possession limits 

permitted for Pacific Flyway States 

under the final Federal frameworks. The 

Tribes propose a duck and coot season 

with, if the same number of hunting 

days is permitted as last year, an 

opening date of October 7, 2017, and a 

closing date of January 19, 2018. The 

Tribes anticipate harvest will be about 

7,500 ducks. 

The Tribes also request a continuous 

goose season with the maximum 

number of days and the same daily bag 

and possession limits permitted in 

Idaho under Federal frameworks. The 

Tribes propose that, if the same number 

of hunting days is permitted as in 

previous years, the season would have 

an opening date of October 7, 2017, and 

a closing date of January 19, 2018. The 

Tribes anticipate harvest will be about 

5,000 geese. 

The Tribes request a common snipe 

season with the maximum number of 

days and the same daily bag and 

possession limits permitted in Idaho 

under Federal frameworks. The Tribes 

propose that, if the same number of 

hunting days is permitted as in previous 

years, the season would have an 

opening date of October 7, 2017, and a 

closing date of January 19, 2018. 

Nontribal hunters must comply with 

all basic Federal migratory bird hunting 

regulations in 50 CFR part 20 pertaining 

to shooting hours, use of steel shot, and 

manner of taking. Special regulations 

established by the Shoshone–Bannock 

Tribes also apply on the reservation. 

We note that the requested regulations 

are nearly identical to those of last year, 

and we propose to approve them for the 

2017–18 hunting season if the seasons’ 

dates fall within the final Federal 

flyway frameworks (applies to nontribal 

hunters only). 

(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 

Skokomish Tribe has yet to send in a 

proposal to establish migratory bird 

hunting regulations for tribal members 

for the 2017–18 season. The Tribe has 

a reservation on the Olympic Peninsula 

in Washington State and is a successor 

to the signatories of the Treaty of Point 

No Point of 1855. 

The Skokomish Tribe usually requests 

a duck and coot season from September 

16, 2017, to February 28, 2018. The 

daily bag limit is seven ducks, including 

no more than two hen mallards, one 

pintail, one canvasback, and two 

redheads. The daily bag and possession 

limit on harlequin duck is one per 

season. The coot daily bag limit is 25. 

The possession limit is twice the daily 

bag limit, except as noted above. 

For geese, the Tribe usually requests 

a season from September 16, 2017, to 

February 28, 2018. The daily bag limit 

is four, including no more than three 

light geese. The season on Aleutian 

Canada geese is closed. For brant, the 

Tribe usually proposes a season from 

November 1, 2017, to February 15, 2018, 

with a daily bag limit of two. The 

possession limit is twice the daily bag 

limit. 

For mourning doves, band-tailed 

pigeon, and snipe, the Tribe usually 

requests a season from September 16, 

2017, to February 28, 2018, with a daily 

bag limit of 10, 2, and 8, respectively. 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 39729 

The possession limit is twice the daily 

bag limit. 

All Tribal hunters authorized to hunt 

migratory birds are required to obtain a 

tribal hunting permit from the 

Skokomish Tribe pursuant to tribal law. 

Hunting hours would be from one-half 

hour before sunrise to sunset. Only 

steel, tungsten-iron, tungsten-polymer, 

tungsten-matrix, and tin shot are 

allowed for hunting waterfowl. It is 

unlawful to use or possess lead shot 

while hunting waterfowl. 

The Tribe usually anticipates harvest 

to be fewer than 150 birds. The 

Skokomish Public Safety Office 

enforcement officers have the authority 

to enforce these migratory bird hunting 

regulations. 

We propose to approve the 

Skokomish Tribe’s 2017–18 migratory 

bird hunting season, upon receipt of 

their proposal. 

(v) Spokane Tribe of Indians, Spokane 

Indian Reservation, Wellpinit, 

Washington (Tribal Members Only) 

The Spokane Tribe of Indians wishes 

to establish waterfowl seasons on their 

reservation for its membership to access 

as an additional resource. An 

established waterfowl season on the 

reservation will allow access to a 

resource for members to continue 

practicing a subsistence lifestyle. 

The Spokane Indian Reservation is 

located in northeastern Washington 

State. The reservation comprises 

approximately 157,000 acres. The 

boundaries of the Reservation are the 

Columbia River to the west, the Spokane 

River to the south (now Lake Roosevelt), 

Tshimikn Creek to the east, and the 48th 

Parallel as the north boundary. Tribal 

membership comprises approximately 

2,300 enrolled Spokane Tribal Members. 

These proposed regulations would 

allow Tribal Members, spouses of 

Spokane Tribal Members, and firstgeneration descendants of a Spokane 

Tribal Member with a tribal permit and 

Federal Migratory Bird Hunting and 

Conservation Stamp an opportunity to 

utilize the reservation and ceded lands 

for waterfowl hunting. These 

regulations would also benefit tribal 

membership through access to this 

resource throughout Spokane Tribal 

ceded lands in eastern Washington. By 

Spokane Tribal Referendum, spouses of 

Spokane Tribal Members and children 

of Spokane Tribal Members not enrolled 

are allowed to harvest game animals 

within the Spokane Indian Reservation 

with the issuance of hunting permits. 

For the 2017–18 season, we have not 

yet received the Tribe’s proposal. The 

Tribe usually requests to establish duck 

seasons that would run from September 

2, 2017, through January 31, 2018. The 

tribe is requesting the daily bag limit for 

ducks to be consistent with final Federal 

frameworks. The possession limit is 

twice the daily bag limit. 

The Tribe usually proposes a season 

on geese starting September 2, 2017, and 

ending on January 31, 2018. The tribe is 

requesting the daily bag limit for geese 

to be consistent with final Federal 

frameworks. The possession limit is 

twice the daily bag limit. 

Based on the quantity of requests the 

Spokane Tribe of Indians has received, 

the tribe anticipates harvest levels for 

the 2017–18 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. 

We propose to approve the Spokane 

Tribe’s requested 2017–18 special 

migratory bird hunting regulations, 

upon receipt of their proposal. 

(w) Squaxin Island Tribe, Squaxin 

Island Reservation, Shelton, Washington 

(Tribal Members Only) 

The Squaxin Island Tribe of 

Washington and the Service have 

cooperated since 1995, to establish 

special tribal migratory bird hunting 

regulations. These special regulations 

apply to tribal members on the Squaxin 

Island Reservation, located in western 

Washington near Olympia, and all lands 

within the traditional hunting grounds 

of the Squaxin Island Tribe. 

For the 2017–18 season, we have yet 

to hear from the Squaxin Island Tribe. 

The Tribe usually requests to establish 

duck and coot seasons that would run 

from September 1, 2017, through 

January 15, 2018. The daily bag limit for 

ducks would be five per day and could 

include only one canvasback. The 

season on harlequin ducks is closed. For 

coots, the daily bag limit is 25. For 

snipe, the Tribe usually proposes that 

the season start on September 15, 2017, 

and end on January 15, 2018. The daily 

bag limit for snipe would be eight. For 

band-tailed pigeon, the Tribe usually 

proposes that the season start on 

September 1 and end on December 31, 

2017. The daily bag limit would be five. 

The possession limit would be twice the 

daily bag limit. 

The Tribe usually proposes a season 

on geese starting September 15, 2017, 

and ending on January 15, 2018. The 

daily bag limit for geese would be four, 

including no more than two snow geese. 

The season on Aleutian and cackling 

Canada geese would be closed. For 

brant, the Tribe usually proposes that 

the season start on September 1 and end 

on December 31, 2017. The daily bag 

limit for brant would be two. The 

possession limit would be twice the 

daily bag limit. 

We propose to approve the Tribe’s 

2017–18 special migratory bird hunting 

regulations, upon receipt of their 

proposal. 

(x) 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 2017–18 season, the Tribe requests 

regulations to hunt all open and 

unclaimed lands under the Treaty of 

Point Elliott of January 22, 1855, 

including their main hunting grounds 

around Camano Island, Skagit Flats, and 

Port Susan to the border of the Tulalip 

Tribes Reservation. Ceded lands are 

located in Whatcom, Skagit, Snohomish, 

and Kings Counties, and a portion of 

Pierce County, Washington. The 

Stillaguamish Tribe of Indians is a 

federally recognized Tribe and reserves 

the Treaty Right to hunt (U.S. v. 

Washington). 

The Tribe proposes their duck 

(including mergansers and coot) and 

goose seasons run from October 1, 2017, 

to March 10, 2018. The daily bag limit 

on ducks (including sea ducks and 

mergansers) is 10. The daily bag limit 

for coot is 25. For geese, the daily bag 

limit is six. The season on brant is 

closed. Possession limits are totals of 

these three daily bag limits. 

The Tribe proposes the snipe seasons 

run from October 1, 2017, to January 31, 

2018. The daily bag limit for snipe is 10. 

Possession limits are three times the 

daily bag limit. 

Harvest is regulated by a punch card 

system. Tribal members hunting on 

lands under this proposal will observe 

all basic Federal migratory bird hunting 

regulations found in 50 CFR part 20, 

which will be enforced by the 

Stillaguamish Tribal law enforcement. 

Tribal members are required to use steel 

shot or a nontoxic shot as required by 

Federal regulations. 

The Tribe anticipates a total harvest of 

200 ducks, 100 geese, 50 mergansers, 

100 coots, and 100 snipe. Anticipated 

harvest needs include subsistence and 

ceremonial needs. Certain species may 

be closed to hunting for conservation 

purposes, and consideration for the 

needs of certain species will be 

addressed. 

The Service proposes to approve the 

Stillaguamish Tribe’s request for 2017– 

18 special migratory bird hunting 

regulations. 


sradovich on DSK3GMQ082PROD with PROPOSALS
39730 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 

(y) 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 2017–18 season, the Tribal 

Community requests to establish a 

migratory bird hunting season on all 

areas that are open and unclaimed and 

consistent with the meaning of the 

treaty. The Tribe proposes their duck 

(including mergansers and coot) and 

goose seasons run from September 1, 

2017, to March 9, 2018. The daily bag 

limit on ducks is 20. The daily bag limit 

for coot is 25. For geese, the daily bag 

limit is 10. The season on brant runs 

from September 1, 2017, to March 9, 

2018. The daily bag limit is 5. 

The Tribe proposes the snipe season 

run from September 1, 2017, to March 

9, 2018. The daily bag limit for snipe is 

15. The Tribe proposes the mourning 

dove season run from September 1, 

2017, to March 9, 2018. The daily bag 

limit for mourning dove is 15. The Tribe 

proposes the band-tailed pigeon season 

run from September 1, 2017, to March 

9, 2018. The daily bag limit for bandtailed pigeon is 3. The Swinomish 

Indian Tribal Community requests to 

have no possession limits. 

The Community anticipates that the 

regulations will result in the harvest of 

approximately 600 ducks and 200 geese. 

The Swinomish utilize a report card and 

permit system to monitor harvest and 

will implement steps to limit harvest 

where conservation is needed. All tribal 

regulations will be enforced by tribal 

fish and game officers. 

We propose to approve these 2017–18 

special migratory bird hunting 

regulations. 

(z) 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, coot, and 

snipe, the Tribe proposes seasons for 

tribal members from September 3, 2017, 

through February 28, 2018. Daily bag 

and possession limits would be 15 and 

30 ducks, respectively, except that for 

blue-winged teal, canvasback, 

harlequin, pintail, and wood duck, the 

bag and possession limits would be the 

same as those established in accordance 

with final Federal frameworks. For coot, 

daily bag and possession limits are 25 

and 50, respectively, and for snipe 8 and 

16, respectively. Ceremonial hunting 

may be authorized by the Department of 

Natural Resources at any time upon 

application of a qualified tribal member. 

Such a hunt must have a bag limit 

designed to limit harvest only to those 

birds necessary to provide for the 

ceremony. 

For geese, tribal members propose a 

season from September 3, 2017, through 

February 28, 2018. The goose daily bag 

and possession limits would be 10 and 

20, respectively, except that the bag 

limits for brant, cackling Canada geese, 

and dusky Canada geese would be those 

established in accordance with final 

Federal frameworks. 

All hunters on Tulalip Tribal lands 

are required to adhere to shooting hour 

regulations set at one-half hour before 

sunrise to sunset, special tribal permit 

requirements, and a number of other 

tribal regulations enforced by the Tribe. 

Each nontribal hunter 16 years of age 

and older hunting pursuant to Tulalip 

Tribes’ Ordinance No. 67 must possess 

a valid Federal Migratory Bird Hunting 

and Conservation Stamp and a valid 

State of Washington Migratory 

Waterfowl Stamp. Each hunter must 

validate stamps by signing across the 

face. 

Although the season length requested 

by the Tulalip Tribes appears to be quite 

liberal, harvest information indicates a 

total take by tribal and nontribal hunters 

of fewer than 1,000 ducks and 500 geese 

annually. 

We propose to approve the Tulalip 

Tribe’s request for 2017–18 special 

migratory bird hunting regulations. 

(aa) 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 2017–18 season, the Tribe 

requests a duck season starting October 

1, 2017, and ending February 28, 2018. 

The Tribe proposes a daily bag limit of 

15 with a possession limit of 20. The 

Tribe requests a coot season starting 

October 1, 2017, and ending February 

15, 2018. The coot daily bag limit is 20 

with a possession limit of 30. 

The Tribe proposes a goose season 

from October 1, 2017, to February 28, 

2018, with a daily bag limit of 7 geese 

and a possession limit of 10. For brant, 

the Tribe proposes a season from 

November 1 to November 10, 2017, with 

a daily bag and possession limit of 2. 

The Tribe proposes a mourning dove 

season between September 1 and 

December 31, 2017, with a daily bag 

limit of 12 and possession limit of 15. 

The anticipated migratory bird 

harvest under this proposal would be 

100 ducks, 5 geese, 2 brant, and 10 

coots. Tribal members must have the 

tribal identification and tribal harvest 

report card on their person to hunt. 

Tribal members hunting on the 

Reservation will observe all basic 

Federal migratory bird hunting 

regulations found in 50 CFR part 20, 

except shooting hours would be 15 

minutes before official sunrise to 15 

minutes after official sunset. 

We propose to approve the Tribe’s 

2017–18 special migratory bird hunting 

regulations. 

(bb) Wampanoag Tribe of Gay Head, 

Aquinnah, Massachusetts (Tribal 

Members Only) 

The Wampanoag Tribe of Gay Head is 

a federally recognized Tribe located on 

the island of Martha’s Vineyard in 

Massachusetts. The Tribe has 

approximately 560 acres of land, which 

it manages for wildlife through its 

natural resources department. The Tribe 

also enforces its own wildlife laws and 

regulations through the natural 

resources department. 

For the 2017–18 season, we have not 

yet heard from the Tribe. The Tribe 

usually proposes a duck season of 

October 14, 2017, through February 22, 

2018. The Tribe usually proposes a 

daily bag limit of eight birds, which 

could include no more than four hen 

mallards, four mottled ducks, one 

fulvous whistling duck, four 

mergansers, three scaup, two hooded 

mergansers, three wood ducks, one 

canvasback, two redheads, two pintail, 

and four of all other species not listed. 

The season for harlequin ducks is 

usually closed. The Tribe usually 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 39731 

proposes a teal (green-winged and blue) 

season of October 10, 2017, through 

February 22, 2018. A daily bag limit of 

six teal would be in addition to the 

daily bag limit for ducks. 

For sea ducks, the Tribe usually 

proposes a season between October 7, 

2017, and February 22, 2018, with a 

daily bag limit of seven, which could 

include no more than one hen eider and 

four of any one species unless otherwise 

noted above. 

For Canada geese, the Tribe usually 

requests a season between September 4 

and September 21, 2017, and between 

October 28, 2017, and February 22, 

2018, with a daily bag limit of 8 Canada 

geese. For snow geese, the tribe usually 

requests a season between September 4 

and September 21, 2017, and between 

November 25, 2017, and February 22, 

2018, with a daily bag limit of 15 snow 

geese. 

For woodcock, the Tribe usually 

proposes a season between October 10 

and November 23, 2017, with a daily 

bag limit of three. For sora and Virginia 

rails, the Tribe usually requests a season 

of September 2, 2017, through 

November 10, 2017, with a daily bag 

limit of 5 sora and 10 Virginia rails. For 

snipe, the Tribe usually requests a 

season of September 2, 2017, through 

December 16, 2017, with a daily bag 

limit of 8. 

Prior to 2012, the Tribe had 22 

registered tribal hunters and estimates 

harvest to be no more than 15 geese, 25 

mallards, 25 teal, 50 black ducks, and 50 

of all other species combined. Tribal 

members hunting on the Reservation 

will observe all basic Federal migratory 

bird hunting regulations found in 50 

CFR part 20. The Tribe requires hunters 

to register with the Harvest Information 

Program. 

If we receive a proposal that matches 

the Tribe’s usual request, we propose to 

approve those 2017–18 special 

migratory bird hunting regulations. 

(cc) White Earth Band of Ojibwe, White 

Earth, Minnesota (Tribal Members Only) 

The White Earth Band of Ojibwe is a 

federally recognized tribe located in 

northwest Minnesota and encompasses 

all of Mahnomen County and parts of 

Becker and Clearwater Counties. The 

reservation employs conservation 

officers to enforce migratory bird 

regulations. The Tribe and the Service 

first cooperated to establish special 

tribal regulations in 1999. 

For the 2017–18 migratory bird 

hunting season, the White Earth Band of 

Ojibwe requests a duck season to start 

September 9 and end December 17, 

2017. For ducks, they request a daily 

bag limit of 10, including no more than 

2 hen mallards, 2 pintail, and 2 

canvasback. For mergansers, the Tribe 

proposes the season to start September 

9 and end December 17, 2017. The 

merganser daily bag limit would be five, 

with no more than two hooded 

mergansers. For geese, the Tribe 

proposes an early season from 

September 1 through September 22, 

2017, and a late season from September 

23 through December 17, 2017. The 

early season daily bag limit is 10 geese, 

and the late season daily bag limit is 5 

geese. 

For coots, the Tribe proposes a 

September 1 through November 30, 

2017, season with daily bag limits of 20 

coots. For snipe, woodcock, rail, and 

mourning dove, the Tribe proposes a 

September 1 through November 30, 

2017, season 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 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. 

We propose to approve the Tribe’s 

2017–18 special migratory bird hunting 

regulations. 

(dd) White Mountain Apache Tribe, Fort 

Apache Indian Reservation, Whiteriver, 

Arizona (Tribal Members and Nontribal 

Hunters) 

The White Mountain Apache Tribe 

owns all reservation lands, and the 

Tribe has recognized full wildlife 

management authority. As in past years, 

the White Mountain Apache Tribe has 

requested regulations that are 

essentially unchanged from those agreed 

to since the 1997–98 hunting season. 

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 2017–18 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 2017–18 

season. 

For nontribal and tribal hunters, the 

Tribe proposes a continuous duck, coot, 

merganser, gallinule, and moorhen 

hunting season, with an opening date of 

October 14, 2017, and a closing date of 

January 28, 2018. The season on scaup 

would open November 4, 2017, and end 

January 28, 2018. The Tribe proposes a 

daily duck (including mergansers) bag 

limit of seven, which may include no 

more than two redheads, two pintail, 

three scaup (when open), seven 

mallards (including no more than two 

hen mallards), and two canvasback. The 

daily bag limit for coots, gallinules, and 

moorhens would be 25, singly or in the 

aggregate. 

For geese, the Tribe proposes a season 

from October 14, 2017, through January 

28, 2018. Hunting would be limited to 

Canada geese, and the daily bag limit 

would be three. 

Season dates for band-tailed pigeons 

and mourning doves would start 

September 1, and end September 15, 

2017, in Wildlife Management Unit 10 

and all areas south of Y–70 and Y–10 in 

Wildlife Management Unit 7, only. 

Proposed daily bag limits for bandtailed pigeons and mourning doves 

would be 3 and 10, respectively. 

Possession limits for the above 

species are twice the daily bag limits. 

Shooting hours would be from one-half 

hour before sunrise to sunset. There 

would be no open season for sandhill 

cranes, rails, and snipe on the White 

Mountain Apache lands under this 

proposal. 

A number of special regulations apply 

to tribal and nontribal hunters, which 

may be obtained from the White 

Mountain Apache Tribe Game and Fish 

Department. 

We plan to approve the White 

Mountain Apache Tribe’s requested 

2017–18 special migratory bird hunting 

regulations. 

Public Comments 

The Department of the Interior’s 

policy is, whenever possible, to afford 

the public an opportunity to participate 

in the rulemaking process. Accordingly, 

we invite interested persons to submit 

written comments, suggestions, or 

recommendations regarding the 

proposed regulations. Before 

promulgating final migratory game bird 

hunting regulations, we will consider all 

comments we receive. These comments, 

and any additional information we 

receive, may lead to final regulations 

that differ from these proposals. 

You may submit your comments and 

materials concerning this proposed rule 

by one of the methods listed in 

ADDRESSES. We will not accept 

comments sent by email or fax. We will 


sradovich on DSK3GMQ082PROD with PROPOSALS
39732 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 

not consider hand-delivered comments 

that we do not receive, or mailed 

comments that are not postmarked, by 

the date specified in DATES. 

We will post all comments in their 

entirety—including your personal 

identifying information—on http://

www.regulations.gov. Before including 

your address, phone number, email 

address, or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this proposed rule, 

will be available for public inspection 

on http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Division of Migratory Bird 

Management, 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 May 30 

rule; for descriptions of our actions to 

ensure compliance with the following 

statutes and Executive Orders, see our 

May 30, 2017, final rule (82 FR 24786): 

• National Environmental Policy Act 

(NEPA) Consideration; 

• Endangered Species Act 

Consideration; 

• Regulatory Flexibility Act; 

• Small Business Regulatory 

Enforcement Fairness Act; 

• Paperwork Reduction Act of 1995; 

• Unfunded Mandates Reform Act; 

• Executive Orders 12630, 12866, 

12988, 13132, 13175, 13211, 13563, and 

13771. 

List of Subjects in 50 CFR Part 20 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Transportation, Wildlife. 

The rules that eventually will be 

promulgated for the 2017–18 hunting 

season are authorized under 16 U.S.C. 

703–712 and 16 U.S.C. 742 a–j. 

Dated: August 9, 2017. 

Todd D. Willens, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2017–17722 Filed 8–21–17; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

RIN 0648–XF599 

Notification of Receipt of a Petition To 

Ban Imports of All Fish and Fish 

Products From Mexico That Do Not 

Satisfy the Marine Mammal Protection 

Act Provisions 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Receipt of petition to ban 

imports through emergency rulemaking; 

request for information and comments. 

SUMMARY: NMFS announces receipt of a 

petition for emergency rulemaking 

under the Administrative Procedure 

Act. Natural Resources Defense Council, 

the Center for Biological Diversity, and 

Animal Welfare Institute petitioned the 

U.S. Department of Commerce and other 

relevant Departments to initiate 

emergency rulemaking under the 

Marine Mammal Protection Act 

(‘‘MMPA’’), to ban importation of 

commercial fish or products from fish 

that have been caught with commercial 

fishing technology that results in 

incidental mortality or serious injury of 

vaquita in excess of United States 

standards. 

DATES: Written comments must be 

received by 5 p.m. Eastern Time on 

September 21, 2017. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2017–0097, by either of the 

following methods: 

1. Electronic Submissions: Submit all 

electronic comments via the Federal eRulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0097, click the ‘‘Comment Now!’’ icon, 

complete the required fields and enter 

or attach your comments. 

2. Mail: Submit written comments to: 

Director, Office of International Affairs 

and Seafood Inspection, Attn: MMPA 

Petition, NMFS, F/IS, 1315 East-West 

Highway, Silver Spring, MD 20910. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

a part of the public record and will 

generally be posted for public viewing 

on http://www.regulations.gov without 

change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). 

Attachments to electronic comments 

will be accepted in Microsoft Word, 

Excel, or Adobe portable document file 

(PDF) formats only. The complete text of 

the petition is available via the internet 

at the following web address: http://

www.nmfs.noaa.gov/ia/. In addition, 

copies of this petition may be obtained 

by contacting NMFS at the above 

address. 

FOR FURTHER INFORMATION CONTACT: 

Nina Young, NMFS F/IS at 

Nina.Young@noaa.gov or 301–427– 

8383. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(2) of the Marine 

Mammal Protection Act (MMPA), 16 

U.S.C. 1371(a)(2), states that: ‘‘The 

Secretary of the Treasury shall ban the 

importation of commercial fish or 

products from fish which have been 

caught with commercial fishing 

technology which results in the 

incidental kill or incidental serious 

injury of ocean mammals in excess of 

United States standards.’’ In August 

2016, NMFS published a final rule (81 

FR 54390; August 15, 2016) 

implementing the fish and fish product 

import provisions in section 101(a)(2) of 

the MMPA. This rule established 

conditions for evaluating a harvesting 

nation’s regulatory programs to address 

incidental and intentional mortality and 

serious injury of marine mammals in 

fisheries operated by nations that export 

fish and fish products to the United 

States. In that rule, NMFS stated that it 

may consider emergency rulemaking to 

ban imports of fish and fish products 

from an export or exempt fishery having 

or likely to have an immediate and 

significant adverse impact on a marine 

mammal stock. 

Information in the Petition 

NMFS received the petition on May 

18, 2017. The petition alleges that the 

Secretaries of Commerce and other 

relevant Federal Departments are 

required to carry out non-discretionary 


sradovich on DSK3GMQ082PROD with PROPOSALS