Migratory Bird Hunting Regulations:
Federal Register Volume 76, Number 152 (Monday, August 8, 2011)
Proposed Rules
Pages 48694-48712
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
FR Doc No: 2011-19851
Page 48693
Vol. 76
Monday,
No. 152
August 8, 2011
Part V
Department of the Interior
Fish and Wildlife Service
50 CFR Part 20
Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2011-12
Season; Proposed Rule
Proposed Rules
Page 48694
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service 50 CFR Part 20
Docket No. FWS-R9-MB-2011-0014; 91200-1231-9BPP-L2
RIN 1018-AX34
Migratory Bird Hunting; Proposed Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2011-12 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 2011-12 migratory bird hunting season. This proposed rule responds to Tribal requests for Service recognition of
Tribal authority to regulate hunting under established guidelines. This proposed rule would allow the establishment of season bag limits and, thus, harvest, at levels compatible with populations and habitat conditions.
DATES: We will accept all comments on the proposed regulations that are postmarked or received in our office by August 18, 2011.
ADDRESSES: 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-R9-
MB-2011-0014.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R9-MB-2011-0014; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.
We will not accept e-mailed or faxed comments. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public
Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, at: Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, Department of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street, NW., Washington, DC 20240; (703) 358-1714.
SUPPLEMENTARY INFORMATION: In the April 8, 2011, Federal Register (76
FR 19376), we requested proposals from Indian Tribes wishing to establish special migratory bird hunting regulations for the 2011-12 hunting season, under the guidelines described in the June 4, 1985,
Federal Register (50 FR 23467). In this supplemental proposed rule, we propose special migratory bird hunting regulations for 30 Indian
Tribes, based on the input we received in response to the April 8, 2011, proposed rule, and our previous rules. As described in that proposed rule, the promulgation of annual migratory bird hunting regulations involves a series of rulemaking actions each year. This proposed rule is part of that series.
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 non-Indians on these lands. In such cases, we encourage the Tribes and States to reach agreement on regulations that would apply throughout the reservations. When appropriate, we will consult with a Tribe and State with the aim of facilitating an accord. We also will consult jointly with tribal and
State officials in the affected States where Tribes wish to establish special hunting regulations for tribal members on ceded lands. Because of past questions regarding interpretation of what events trigger the consultation process, as well as who initiates it, we provide the following clarification. We routinely provide 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, however, because tribal proposals must include:
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(a) Harvest anticipated under the requested regulations;
(b) Methods that will be employed to measure or monitor harvest
(such as bag checks, mail questionnaires, etc.);
(c) Steps that will be taken to limit level of harvest, where it could be shown that failure to limit such harvest would adversely impact the migratory bird resource; and
(d) Tribal capabilities to establish and enforce migratory bird hunting regulations.
We may modify regulations or establish experimental special hunts, after evaluation and confirmation of harvest 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. 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. 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.
Service Migratory Bird Regulations Committee Meetings
Participants at the June 22-23, 2011, meetings reviewed information on the current status of migratory shore and upland game birds and developed 2011-12 migratory game bird regulations recommendations for these species plus regulations for migratory game birds in Alaska,
Puerto Rico, and the U.S. Virgin Islands; special September waterfowl seasons in designated States; special sea duck seasons in the Atlantic
Flyway; and extended falconry seasons. In addition, we reviewed and discussed preliminary information on the status of waterfowl.
Participants at the previously announced July 27-28, 2011, meetings will review information on the current status of waterfowl and develop recommendations for the 2011-12 regulations pertaining to regular waterfowl seasons and other species and seasons not previously discussed at the early-season meetings. In accordance with Department of the Interior policy, these meetings are open to public observation and you may submit comments on the matters discussed.
Population Status and Harvest
The following paragraphs provide preliminary information on the status of waterfowl and information on the status and harvest of migratory shore and upland game birds excerpted from various reports.
For more detailed information on methodologies and results, you may obtain complete copies of the various reports at the address indicated under FOR FURTHER INFORMATION CONTACT or from our Web site at http://www.fws.gov/migratorybirds/NewsPublicationsReports.html.
Waterfowl Breeding and Habitat Survey
Federal, provincial, and State agencies conduct surveys each spring to estimate the size of breeding populations and to evaluate the conditions of the habitats. These surveys are conducted using fixed- wing aircraft, helicopters, and ground crews and encompass principal breeding areas of North America, covering an area over 2.0 million square miles. The traditional survey area comprises Alaska, Canada, and the north-central United States, and includes approximately 1.3 million square miles. The eastern survey area includes parts of Ontario,
Quebec, Labrador, Newfoundland, Nova Scotia, Prince Edward Island, New
Brunswick, New York, and Maine, an area of approximately 0.7 million square miles.
Overall, habitat conditions during the 2011 Waterfowl Breeding
Population and Habitat Survey were characterized by average to above- average moisture and a normal winter and spring across the entire traditional and eastern survey areas. The exception was a portion of the west-central traditional survey area that had received below- average moisture. The total pond estimate (Prairie Canada and United
States combined) was 8.1 0.2 million. This was 22 percent above the 2010 estimate of 6.7 0.2 million ponds, and 62 percent above the long-term average of 5.0 0.03 million ponds.
Traditional Survey Area (U.S. and Canadian Prairies and Parklands)
Conditions across the Canadian Prairies were greatly improved relative to last year. Building on excellent conditions from 2010 in portions of southern Alberta, Saskatchewan, and Manitoba, the area of excellent conditions in the prairies expanded in 2011, including a region along the Alberta and Saskatchewan border that had been poor for the last 2 years. The 2011 estimate of ponds in Prairie Canada was 4.9 0.2 million. This was 31 percent above last year's estimate (3.7 0.2 million) and 43 percent above the 1955- 2010 average (3.4 0.03 million). As expected, residual water from summer 2010 precipitation remained in the Parklands and the majority of the area was classified as good. Fair to poor conditions, however, were observed in the Parklands of Alberta.
Wetland numbers and conditions were excellent in the U.S. prairies.
The 2011 pond estimate for the north-central United States was 3.2 0.1 million, which was similar to last year's estimate
(2.9 0.1 million) and 102 percent above the 1974-2010 average (1.6 0.02 million). The eastern U.S. prairies benefitted from abundant moisture in 2010, and the entire U.S. prairies experienced above-average winter and spring precipitation in 2010 and 2011, resulting in good to excellent conditions across nearly the entire region. The western Dakotas and eastern Montana, which were extremely dry in 2010, improved from fair to poor in 2010 to good to excellent in 2011. Further, the abundant moisture and delayed farming operations in the north-central U.S. and southern Canadian prairies likely benefitted early-nesting waterfowl species.
Bush (Alaska, Northern Manitoba, Northern Saskatchewan, Northwest
Territories, Yukon Territory, Western Ontario)
In the bush regions of the traditional survey area (Northwest
Territories, northern Manitoba, northern Saskatchewan, and western
Ontario), spring breakup was late in 2011. However, a period of warm, fair weather just prior to the survey, greatly accelerated ice-out.
Habitats improved from 2010 across most of northern Saskatchewan and
Manitoba as a result of average to above-average summer and fall precipitation in 2010. Habitat conditions in the Northwest Territories and Alaska were classified as good in 2011. Dry conditions in the boreal forest of Alberta in 2010 persisted into 2011 as habitat conditions were again rated as fair to poor. The dry conditions in this region contributed to numerous forest fires during the 2011 survey.
Eastern Survey Area
In the eastern survey area, winter temperatures were above average and precipitation was below average over most of the region, with the exception of the Maritimes and Maine, which had colder than normal temperatures and above-average precipitation. Despite regional differences in winter
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conditions, above-average spring precipitation recharged deficient wetlands, subsequently providing good to excellent production habitat across the region. The boreal forest and Canadian Maritimes of the eastern survey area continued to have good to excellent habitat conditions in 2011. Habitat conditions in Ontario and southern Quebec improved from poor to fair in 2010 to good to excellent in 2011.
Northern sections of the eastern survey area continued to remain in good to excellent conditions in 2011.
Status of Teal
The estimate of blue-winged teal from the traditional survey area is 8.9 million. This record-high count represents a 41.0 percent increase from 2010, and is 91 percent above the 1955-2010 average.
Sandhill Cranes
Compared to increases recorded in the 1970s, annual indices to abundance of the Mid-Continent Population (MCP) of sandhill cranes have been relatively stable since the early 1980s. The spring 2011 index for sandhill cranes in the Central Platte River Valley, Nebraska, uncorrected for visibility bias, was 363,356 birds. The photo- corrected, 3-year average for 2008-10 was 600,892, which is above the established population-objective range of 349,000-472,000 cranes.
All Central Flyway States, except Nebraska, allowed crane hunting in portions of their States during 2010-11. An estimated 8,738 hunters participated in these seasons, which was 10 percent higher than the number that participated in the previous season. Hunters harvested 18,727 MCP cranes in the U.S. portion of the Central Flyway during the 2010-11 seasons, which was 23 percent higher than the estimated harvest for the previous year and 29 percent higher than the long-term average.
The retrieved harvest of MCP cranes in hunt areas outside of the
Central Flyway (Arizona, Pacific Flyway portion of New Mexico,
Minnesota, Alaska, Canada, and Mexico combined) was 15,025 during 2010- 11. The preliminary estimate for the North American MCP sport harvest, including crippling losses, was 38,561 birds, which was a 51 percent increase from the previous year's estimate. The long-term (1982-2008) trends for the MCP indicate that harvest has been increasing at a higher rate than population growth.
The fall 2010 pre-migration survey for the Rocky Mountain
Population (RMP) resulted in a count of 21,064 cranes. The 3-year average was 20,847 sandhill cranes, which is within the established population objective of 17,000-21,000 for the RMP. Hunting seasons during 2010-11 in portions of Arizona, Idaho, Montana, New Mexico,
Utah, and Wyoming resulted in a harvest of 1,336 RMP cranes, a 4 percent decrease from the record-high harvest of 1,392 in 2009-10.
The Lower Colorado River Valley Population (LCRVP) survey results indicate a slight increase from 2,264 birds in 2010 to 2,415 birds in 2011. However, despite this slight increase, the 3-year average fell to 2,360 LCRVP cranes, which is below the population objective of 2,500.
The Eastern Population (EP) rebounded from near extirpation in the late 1800s to almost 30,000 cranes by 1996. In the fall of 2010, the estimate of EP cranes was approximately 50,000 birds. As a result of this increase and their range expansion, the Atlantic and Mississippi
Flyway Councils developed a cooperative management plan for this population, and criteria have been developed describing when hunting seasons can be opened. The State of Kentucky has proposed to initiate the first hunting season on this population in the 2011-12 season.
Specifics of the proposal are discussed in the proposed frameworks for early-season regulations (76 FR 44730; July 26, 2011). A draft EA on the hunting of EP sandhill cranes, as allowed under the management plan, was prepared and can be found on our Web site at http://www.fws.gov/migratorybirds, or at http://www.regulations.gov.
Woodcock
Singing-ground and Wing-collection surveys were conducted to assess the population status of the American woodcock (Scolopax minor). The
Singing-ground Survey is intended to measure long-term changes in woodcock population levels. Singing-ground Survey data for 2011 indicate that the number of singing male woodcock in the Eastern and
Central Management Regions were unchanged from 2010. There were no significant 10-year trends in woodcock heard in the Eastern or Central
Management Regions during 2001-2011, which marks the eighth consecutive year that the 10-year trend estimate for the Eastern Region was stable, while the trend in the Central Region returned to being not statistically significant after being negative last year. There were long-term (1968-2011) declines of 1.0 percent per year in both management regions. The Wing-collection Survey provides an index to recruitment. Wing-collection Survey data indicate that the 2010 recruitment index for the U.S. portion of the Eastern Region (1.5 immatures per adult female) was 1.2 percent lower than the 2009 index, and 10.2 percent lower than the long-term (1963-2009) average. The recruitment index for the U.S. portion of the Central Region (1.6 immatures per adult female) was 30.2 percent above the 2009 index and 2.1 percent below the long-term (1963-2009) average.
Band-Tailed Pigeons
Two subspecies of band-tailed pigeon occur north of Mexico, and they are managed as two separate populations in the United States: the
Interior Population and the Pacific Coast Population. Information on the abundance and harvest of band-tailed pigeons is collected annually in the United States and British Columbia. Abundance information comes from the Breeding Bird Survey (BBS) and, for the Pacific Coast
Population, the BBS and the Mineral Site Survey (MSS). Annual counts of
Interior band-tailed pigeons seen and heard per route have declined since implementation of the BBS in 1968. No statistically significant trends in abundance are evident during the recent 5- and 10-year periods. The 2010 harvest of Interior band-tailed pigeons was estimated to be 5,000 birds. BBS counts of Pacific Coast band-tailed pigeons seen and heard per route also have declined since 1968, but trends in abundance during the recent 5- and 10-year periods were not significant. The MSS, however, provided evidence that abundance decreased during the recent 5- (-8.4 percent) and 7-year (-8.1 percent)
(since survey implementation) periods. The 2010 estimate of harvest for
Pacific Coast band-tailed pigeons was 18,400 birds.
Mourning Doves
The Mourning Dove Call-count Survey (CCS) data is analyzed within a
Bayesian hierarchical modeling framework, consistent with analysis methods for other long-term point count surveys such as the American
Woodcock Singing-ground Survey and the North American Breeding Bird
Survey. According to the analysis of the CCS, there was no trend in counts of mourning doves heard over the most recent 10 years (2002-11) in the Eastern Management Unit. There was a negative trend in mourning doves heard for the Central and Western Management Units. Over the 46- year period, 1966-2011, the number of mourning doves heard per route decreased in all three dove management units. The number of doves seen per route was also collected during the CCS. For the past 10 years, there was no trend in doves seen for the Central and Western Management
Units;
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however, there was evidence of an increasing trend in the Eastern
Management Unit. Over 46 years, there was a positive trend in doves seen in the Eastern Management Unit, and declining trends were indicated for the Central and Western Management Units. The preliminary 2010 harvest estimate for the United States was 17,230,400 mourning doves.
White-Winged Doves
Two States harbor substantial populations of white-winged doves:
Arizona and Texas. California and New Mexico have much smaller populations. The Arizona Game and Fish Department monitors white-winged dove populations by means of a CCS to provide an annual index to population size. It runs concurrently with the Service's Mourning Dove
CCS. The index of mean number of white-winged doves heard per route from this survey peaked at 52.3 in 1968, but then declined until about 2000. The index has stabilized at around 25 doves per route in the last few years; in 2011, the mean number of doves heard per route was 24.4.
Arizona Game and Fish also historically monitored white-winged dove harvest. Harvest of white-winged doves in Arizona peaked in the late 1960s at approximately 740,000 birds, and has since declined and stabilized at around 100,000 birds; the preliminary 2010 Migratory Bird
Harvest Information Program (HIP) estimate of harvest was 84,900 birds.
In Texas, white-winged doves continue to expand their breeding range. Nesting by white-winged doves has been recorded in most counties, with new colonies recently found in east Texas. Nesting is essentially confined to urban areas, but appears to be expanding to exurban areas. Concomitant with this range expansion has been a continuing increase in white-winged dove abundance. A new distance- based sampling protocol was implemented for Central and South Texas in 2007, and has been expanded each year. In 2010, officials surveyed 4,650 points statewide and estimated the urban population of breeding white-winged doves at 4.6 million. Current year's survey data are being analyzed and abundance estimates will be available later this summer.
Additionally, the Texas Parks and Wildlife Department has an operational white-winged dove banding program and has banded 52,001 white-winged doves from 2006 to 2010. The estimated harvest of white- wings in Texas in the 2010 season was 1,436,800 birds. The Texas Parks and Wildlife Department continues to work to improve the scientific basis for management of white-winged doves.
In California, Florida, Louisiana, and New Mexico available BBS data indicate an increasing trend in the population indices between 1966 and 2010. According to HIP surveys, the preliminary harvest estimates were 78,200 white-winged doves in California, 6,200 in
Florida, 4,600 in Louisiana, and 29,500 in New Mexico.
White-Tipped Doves
White-tipped doves occur primarily south of the United States-
Mexico border; however, the species does occur in Texas. Monitoring information is presently limited. White-tipped doves are believed to be maintaining a relatively stable population in the Lower Rio Grande
Valley of Texas. Distance-based sampling procedures implemented in
Texas are also providing limited information on white-tipped dove abundance. Texas is working to improve the sampling frame to include the rural Rio Grande corridor in order to improve the utility of population indices. Annual estimates for white-tipped dove harvest in
Texas average between 3,000 and 4,000 birds.
Hunting Season Proposals From Indian Tribes and Organizations
For the 2011-12 hunting season, we received requests from 25 Tribes and Indian organizations. In this proposed rule, we respond to these requests and also evaluate anticipated requests for 5 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.
It should be noted that this proposed rule includes generalized regulations for both early- and late-season hunting. A final rule will be published in a late-August 2011 Federal Register that will include tribal regulations for the early-hunting season. Early seasons generally begin around September 1 each year and most commonly include such species as American woodcock, sandhill cranes, mourning doves, and white-winged doves. Late seasons generally begin on or around September 24 and most commonly include waterfowl species.
In this current rulemaking, because of the compressed timeframe for establishing regulations for Indian Tribes and because final frameworks dates and other specific information are not available, the regulations for many tribal hunting seasons are described in relation to the season dates, season length, and limits that will be permitted when final
Federal frameworks are announced for early- and late-season regulations. For example, daily bag and possession limits for ducks on some areas are shown as the same as permitted in Pacific Flyway States under final Federal frameworks, and limits for geese will be shown as the same permitted by the State(s) in which the tribal hunting area is located.
The proposed frameworks for early-season regulations were published in the Federal Register on July 26, 2011 (76 FR 44730); early-season final frameworks will be published in late August. Proposed late-season frameworks for waterfowl and coots will be published in mid-August, and the final frameworks for the late seasons will be published in mid-
September. We will notify affected Tribes of season dates, bag limits, etc., as soon as final frameworks are established. 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.
In their 2011-12 proposal, the Colorado River Indian Tribes requested split dove seasons. They propose that their early season begin September 1 and end September 15, 2011. Daily bag limits would be 10 mourning or white-winged doves in the aggregate. The late season for doves is proposed to open November 12, 2011, and close December 26, 2011. The daily bag limit would be 10 mourning doves. The possession limit would be twice the daily bag limit after the first day of the season. 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 propose duck hunting seasons. The season would open
October 8, 2011, and run until January 22, 2012. The Tribes 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
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could contain no more than two hen mallards, two redheads, two Mexican ducks, two goldeneye, three scaup, one pintail, and two cinnamon teal.
The season on canvasback is closed. 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.
For geese, the Colorado River Indian Tribes propose a season of
October 15, 2011, through January 22, 2012. 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.
In 1996, the Tribes conducted a detailed assessment of dove hunting. Results showed approximately 16,100 mourning doves and 13,600 white-winged 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 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 2011-12 hunting season, given the seasons' dates fall within final flyway frameworks (applies to nontribal hunters only).
(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 that 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 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 sunrise to 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, 2011, through March 9, 2012. 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 2011-12 hunting season.
(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 May 26, 2011, 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 2011-12 is essentially the same as that approved last year except for a proposed sandhill crane season with separate regulations for the 1854 and 1837 ceded territories and reservation lands. The proposed 2011-12 waterfowl hunting season regulations for Fond du Lac are as follows:
Ducks
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1854 and 1837 Ceded Territories:
Season Dates: Begin September 17 and end November 27, 2011.
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.
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Reservation:
Season Dates: Begin September 3 and end November 27, 2011.
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
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1854 and 1837 Ceded Territories:
Season Dates: Begin September 17 and end November 27, 2011.
Daily Bag Limit: 15 mergansers, including no more than 6 hooded mergansers.
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Reservation:
Season Dates: Begin September 3 and end November 27, 2011.
Daily Bag Limit: 10 mergansers, including no more than 4 hooded mergansers.
Canada Geese
All Areas:
Season Dates: Begin September 1 and end November 27, 2011.
Daily Bag Limit: 20 geese.
Sandhill Cranes 1854 Ceded Territory only:
Season Dates: Begin September 1 and end November 27, 2011.
Daily Bag Limit: One sandhill crane. A crane carcass tag is required prior to hunting.
Coots and Common Moorhens (Common Gallinules)
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1854 and 1837 Ceded Territories:
Season Dates: Begin September 17 and end November 27, 2011.
Daily Bag Limit: 20 coots and common moorhens, singly or in the aggregate.
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Reservation:
Season Dates: Begin September 3 and end November 27, 2011.
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 27, 2011.
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 27, 2011.
Daily Bag Limit: Eight common snipe.
Woodcock
All Areas:
Season Dates: Begin September 1 and end November 27, 2011.
Daily Bag Limit: Three woodcock.
Mourning Dove
All Areas:
Season Dates: Begin September 1 and end October 30, 2011.
Daily Bag Limit: 30 mourning doves.
The following general conditions apply:
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While hunting waterfowl, a tribal member must carry on his/her person a valid Ceded Territory License. 2. Shooting hours for migratory birds are one-half hour before sunrise to one-half hour after sunset. 3. Except as otherwise noted, tribal members will be required to comply with tribal codes that will be no less restrictive than the provisions of Chapter 10 of the Model Off-Reservation Code. Except as modified by the Service rules adopted in response to this proposal, these amended regulations parallel Federal requirements in 50 CFR part 20 as to hunting methods, transportation, sale, exportation, and other conditions generally applicable to migratory bird hunting. 4. Band members in each zone will comply with State regulations providing for closed and restricted waterfowl hunting areas. 5. There are no possession limits on any species, unless otherwise noted above. 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.
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 2011-12 season, the Tribe requests that the tribal member duck season run from September 18, 2011, through January 18, 2012. A daily bag limit of 20 would include no more than 5 pintail, 3 canvasback, 1 hooded merganser, 5 black ducks, 5 wood ducks, 3 redheads, and 9 mallards (only 4 of which may be hens).
For Canada and snow geese, the Tribe proposes a September 1 through
November 30, 2011, and a January 1 through February 8, 2012, season.
For white-fronted geese and brant, the Tribe proposes a September 20 through November 30, 2011, season. The daily bag limit for Canada and snow geese would be 10, 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, 2011, 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, 2011, season. The daily bag limit would be 10 per species.
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 2006-07 hunting season indicated that approximately 15 tribal hunters harvested an estimated 112 ducks and 50 Canada geese.
We propose to approve the Grand Traverse Band of Ottawa and
Chippewa Indians requested 2011-12 special migratory bird hunting regulations.
(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 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 court-approved regulations pertaining to off- reservation hunting rights for migratory birds.
For 2011, the GLIFWC proposed off-reservation special migratory bird hunting regulations on behalf of the member Tribes of the Voigt
Intertribal Task Force of the GLIFWC (for the 1837 and 1842 Treaty areas) and the Bay Mills Indian Community (for the 1836 Treaty area).
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, the Sokaogon
Chippewa Community (Mole Lake Band), all in Wisconsin; the Mille Lacs
Band of Chippewa Indians in Minnesota; the Lac Vieux Desert Band of
Chippewa Indians, and the Keweenaw Bay Indian Community in Michigan.
The GLIFWC 2011 proposal is generally similar to last year's regulations, except for several significant changes. Specifically, the
GLIFWC proposal allows the use of
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electronic calls in the 1837 and 1842 Treaty Areas; extends shooting hours by 45 minutes to 1 hour after sunset in the 1837 and 1842 Treaty
Areas and by 15 minutes to 30 minutes after sunset in the 1836 Treaty
Area; eliminates possession limits in the 1837 and 1842 Treaty Areas; allows the use of unattended decoys in Michigan; increases the daily bag limits for ducks in the 1837 and 1842 Treaty Areas from 30 to 40 ducks; and eliminates all species restrictions within the bag limit for ducks in the 1837 and 1842 Treaty Areas.
GLIFWC states that the proposed regulatory changes are intended to increase tribal subsistence harvest opportunities, while protecting migratory bird populations. Under the GLIFWC proposed regulations,
GLIFWC expects total ceded territory harvest to be approximately 1,575 ducks and 300 geese and 150 geese, which is roughly similar to anticipated levels in previous years. GLIWFC further anticipates that tribal harvest will remain low given the small number of tribal hunters and the limited opportunity to harvest more than a small number of birds on most hunting trips.
Recent GLIFWC harvest surveys (1996-98, 2001, 2004, and 2007-08) indicate that tribal off-reservation waterfowl harvest has averaged less than 1,050 ducks and 200 geese annually. In the latest survey year for which we have specific results (2004), an estimated 53 hunters took an estimated 421 trips and harvested 645 ducks (1.5 ducks per trip) and 84 geese (0.2 geese per trip). Analysis of hunter survey data over 1996-2004 indicates a general downward trend in both harvest and hunter participation.
While we acknowledge that tribal harvest and participation has declined in recent years, we do not believe that the GLIFWC's proposal for tribal waterfowl seasons on ceded lands in Wisconsin, Michigan, and
Minnesota for the 2011 season is the best plan for increasing tribal participation or for the conservation of migratory birds. More specific discussion follows below.
Allowing Electronic Calls
The issue of allowing electronic calls and other electronic devices for migratory game bird hunting has been highly debated and highly controversial over the last 40 years, similar to other prohibited hunting methods such as baiting. Electronic calls, i.e., the use or aid of recorded or electronic amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds to lure or attract migratory game birds to hunters, was Federally prohibited in 1957 because of its effectiveness in aiding the harvest of migratory birds and is generally not considered a legitimate component of hunting. In 1999, after much debate, the migratory bird regulations were revised to allow the use of electronic calls for the take of light geese (lesser snow geese and Ross geese) during a light-goose-only season when all other waterfowl and crane hunting seasons, excluding falconry, were closed (64 FR 7507, February 16, 1999; 64 FR 71236,
December 20, 1999; and 73 FR 65926, November 5, 2008). The regulations were subsequently changed also in 2006 to allow the use of electronic calls for the take of resident Canada geese during Canada-goose-only
September seasons when all other waterfowl and crane seasons, excluding falconry, were closed (71 FR 45964, August 10, 2006). In both instances, these changes were made in order to significantly increase the harvest of these species due to either serious population overabundance, or depredation issues, or public health and safety issues, or both.
Available information from the use of additional hunting methods, such as electronic calls, during the special light-goose seasons indicate that total harvest increased approximately 50-69 percent. On specific days when light-goose special regulations were in effect, the mean light goose harvest increased 244 percent. One research study found that lesser snow goose flocks were 5.0 times more likely to fly within gun range (National Environmental Policy Act;
Endangered Species Act;
Regulatory Flexibility Act;
Small Business Regulatory Enforcement Fairness Act;
Paperwork Reduction Act;
Unfunded Mandates Reform Act;
Executive Orders 12630, 12866, 12988, 13132, 13175, and 13211.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife.
Based on the results of migratory game bird studies, and having due consideration for any data or views submitted by interested parties, this proposed rulemaking may result in the adoption of special hunting regulations for migratory birds beginning as early as September 1, 2011, on certain Federal Indian reservations, off-reservation trust lands, and ceded lands. Taking into account both reserved hunting rights and the degree to which tribes have full wildlife management authority, the regulations only for tribal members or for both tribal and nontribal hunters may differ from those established by States in which the reservations, off-reservation trust lands, and ceded lands are located. The regulations will specify open seasons, shooting hours, and bag and possession limits for rails, coot, gallinules, woodcock, common snipe, band-tailed pigeons, mourning doves,
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white-winged doves, ducks, mergansers, and geese.
The rules that eventually will be promulgated for the 2011-12 hunting season are authorized under the Migratory Bird Treaty Act
(MBTA) of July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), as amended. The MBTA authorizes and directs the Secretary of the Interior, having due regard for the zones of temperature and for the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory game birds, to determine when, to what extent, and by what means such birds or any part, nest, or egg thereof may be taken, hunted, captured, killed, possessed, sold, purchased, shipped, carried, exported, or transported.
Dated: August 1, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
FR Doc. 2011-19851 Filed 8-5-11; 8:45 am
BILLING CODE 4310-55-P
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