Proposed Rule as 60-day FRN (85 FR 18532)

18532

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules

entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
32. The NPRM seeks comment on
whether to eliminate or modify a
current requirement that cable operators
maintain records in their online public
inspection file, specifically the cable
operator interests in video programming
recordkeeping requirement. Eliminating
or modifying this obligation would
reduce the overall public inspection file
burden on cable operators. There could
also be an impact on small independent
video programmers to the extent any
programmers relied on the public file in
question for information that is not
easily available elsewhere. The NPRM
seeks comment on eliminating or
modifying this public file requirement,
including any comments that might
oppose eliminating or modifying this
requirement.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rule
33. None.
List of Subjects in 47 CFR Part 76
Cable Television, Reporting and
recordkeeping requirements.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer.

Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 part 76 as
follows:
PART 76—MULTICHANNEL VIDEO
AND CABLE TELEVISION SERVICE
1. The authority citation for part 76
continues to read as follows:

■

jbell on DSKJLSW7X2PROD with PROPOSALS

Authority: 47 U.S.C. 151, 152, 153, 154,
301, 302, 302a, 303, 303a, 307, 308, 309, 312,
315, 317, 325, 339, 340, 341, 503, 521, 522,
531, 532, 534, 535, 536, 537, 543, 544, 544a,
545, 548, 549, 552, 554, 556, 558, 560, 561,
571, 572, 573.
§ 76.504
■

[Amended]

2. Amend § 76.504 by removing Note

2.
§ 76.1700

[Amended]

3. Amend § 76.1700 by removing and
reserving paragraph (a)(7).

■

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

§ 76.1710
■

[Removed and reserved]

4. Remove and reserve § 76.1710.

[FR Doc. 2020–06631 Filed 4–1–20; 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–2019–0004;
FF09M21200–201–FXMB1231099BPP0]
RIN 1018–BD89

Migratory Bird Hunting; Proposed
Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations
and Ceded Lands for the 2020–21
Season
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:

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 2020–21
migratory bird hunting season.
DATES: Written Comments: You must
submit comments on the proposed
regulations by May 4, 2020.
Information Collection Requirements:
If you wish to comment on the
information collection requirements in
this proposed rule, please send your
comments and suggestions on this
information collection by June 1, 2020
to: Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, 5275 Leesburg Pike,
MS: PRB/PERMA (JAO/1N), Falls
Church, VA 22041–3803 (mail); or Info_
Coll@fws.gov (email).
ADDRESSES: Written 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–2019–
0004.
• U.S. mail or hand delivery: Public
Comments Processing, Attn: FWS–HQ–
MB–2019–0004, U.S. Fish and Wildlife
Service; MS: PRB/PERMA (JAO/1N);
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).
SUMMARY:

PO 00000

Frm 00062

Fmt 4702

Sfmt 4702

Information Collection Requirements:
Send your comments and suggestions
on the information collection
requirements to the Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, 5275 Leesburg
Pike, MS: PRB/PERMA (JAO/1N), Falls
Church, VA 22041–3803 (mail); or Info_
Coll@fws.gov (email). Please reference
OMB Control Number 1018–0171 in the
subject line of your comments.
FOR FURTHER INFORMATION CONTACT:
Jerome Ford, U.S. Fish and Wildlife
Service, Department of the Interior,
(202) 208–1050.
SUPPLEMENTARY INFORMATION:
Process for the Annual Migratory Game
Bird Hunting Regulations
As part of the Department of the
Interior’s retrospective regulatory
review, we developed a schedule for
migratory game bird hunting regulations
that is more efficient and provides
hunting season dates much earlier than
was possible under the old process.
Under the new process, we develop
proposed hunting season frameworks
for a given year in the fall of the prior
year. We then finalize those frameworks
a few months later, thereby enabling the
State agencies to select and publish
their season dates in early summer. We
provided a detailed overview of the new
process in the August 3, 2017, Federal
Register (82 FR 36308).
Special Migratory Bird Hunting
Regulations for Indian Tribes
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

E:\FR\FM\02APP1.SGM

02APP1

jbell on DSKJLSW7X2PROD with PROPOSALS

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules
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,

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

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 conclude the guidelines provide
appropriate opportunity to
accommodate the reserved hunting
rights and management authority of
Indian Tribes while ensuring that the
migratory bird resource receives
necessary protection. The conservation
of this important international resource
is paramount. Further, the guidelines
should not be viewed as inflexible. In
this regard, we note that they have been
employed successfully since 1985. We
conclude 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 2020
On October 15, 2019, we published a
proposal to amend title 50 of the Code
of Federal Regulations (CFR) at part 20
(84 FR 55120). 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.
This document is the second in a series
of proposed and final rules for migratory
game bird hunting regulations. Major
steps in the 2020–21 regulatory cycle
relating to open public meetings and
Federal Register notifications were
illustrated in the diagram at the end of
the October 15, 2019, proposed rule. For

PO 00000

Frm 00063

Fmt 4702

Sfmt 4702

18533

this regulatory cycle, we have combined
elements of the document that is
described in the diagram as
Supplemental Proposals with the
document that is described as Proposed
Season Frameworks.
On October 8–9, 2019, 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
2020–21 regulations for these species.
On March 19, 2020, we published in
the Federal Register (85 FR 15870) the
proposed frameworks for the 2020–21
season migratory bird hunting
regulations.
Population Status and Harvest
Each year we publish various species
status reports that provide detailed
information on the status and harvest of
migratory game birds, including
information on the methodologies and
results. These reports are available at
the address indicated under FOR
FURTHER INFORMATION CONTACT or from
our website at https://www.fws.gov/
birds/surveys-and-data/reports-andpublications/population-status.php.
We used the following annual reports
published in August 2019 in the
development of proposed frameworks
for the migratory bird hunting
regulations: Adaptive Harvest
Management, 2020 Hunting Season;
American Woodcock Population Status,
2019; Band-tailed Pigeon Population
Status, 2019; Migratory Bird Hunting
Activity and Harvest During the 2017–
18 and 2018–19 Hunting Seasons;
Mourning Dove Population Status, 2019;
Status and Harvests of Sandhill Cranes,
Mid-continent, Rocky Mountain, Lower
Colorado River Valley and Eastern
Populations, 2019; and Waterfowl
Population Status, 2019.
Our long-term objectives continue to
include providing opportunities to
harvest portions of certain migratory
game bird populations and to limit
harvests to levels compatible with each
population’s ability to maintain healthy,
viable numbers. Having taken into
account the zones of temperature and
the distribution, abundance, economic
value, breeding habits, and times and
lines of flight of migratory birds, we
believe that the proposed hunting
seasons provided for herein are
compatible with the current status of
migratory bird populations and longterm population goals. Additionally, we
are obligated to, and do, give serious
consideration to all information we
receive during the public comment
period.

E:\FR\FM\02APP1.SGM

02APP1

18534

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules

Hunting Season Proposals From Indian
Tribes and Organizations
For the 2020–21 hunting season, we
received requests from 26 Tribes and
Indian organizations. In this proposed
rule, we respond to these 26 requests
and also evaluate anticipated requests
for 6 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 March 19, 2020 (85
FR 15870). 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 32 Tribes that meet
the established criteria or have recently
proposed seasons are shown below.

jbell on DSKJLSW7X2PROD with PROPOSALS

(a) 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 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, 2020, through
March 9, 2021. Daily bag and possession
limits were not proposed for tribal
members.

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

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 2020–21 hunting
season.
(b) Fond du Lac Band of Lake Superior
Chippewa Indians, Cloquet, Minnesota
(Tribal Members Only)
Since 1996, the Service and the Fond
du Lac Band of Lake Superior Chippewa
Indians have cooperated to establish
special migratory bird hunting
regulations for tribal members. The
Fond du Lac’s proposal covers land set
apart for the band under the Treaties of
1837 and 1854 in northeastern and eastcentral Minnesota and the Band’s
Reservation near Duluth.
The band’s proposal for 2020–21 is
essentially the same as that approved
last year. The proposed 2020–21
waterfowl hunting season regulations
for Fond du Lac are as follows:
Ducks
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and
end November 30, 2020.
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, 2020.
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 1 and
end November 30, 2020.
Daily Bag Limit: 15 mergansers,
including no more than 6 hooded
mergansers.
B. Reservation:
Season Dates: Begin September 1 and
end November 30, 2020.
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, 2020.
Daily Bag Limit: 20 geese.

PO 00000

Frm 00064

Fmt 4702

Sfmt 4702

Sandhill Cranes: 1854 and 1837 Ceded
Territories Only
Season Dates: Begin September 1 and
end November 30, 2020.
Daily Bag Limit: Two sandhill cranes.
A crane carcass tag is required prior to
hunting.
Tundra and Trumpeter Swans:
Reservation Only
Season Dates: Begin September 1 and
end November 30, 2020.
Daily Bag Limit: Two swans. Swan
carcass tags are required prior to
hunting.
Coots and Common Moorhens (Common
Gallinules): All Areas
Season Dates: Begin September 1 and
end November 30, 2020.
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, 2020.
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, 2020.
Daily Bag Limit: Eight common snipe.
Woodcock: All Areas
Season Dates: Begin September 1 and
end November 30, 2020.
Daily Bag Limit: Three woodcock.
Mourning Dove: All Areas
Season Dates: Begin September 1 and
end November 30, 2020.
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.

E:\FR\FM\02APP1.SGM

02APP1

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules
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.

jbell on DSKJLSW7X2PROD with PROPOSALS

(c) Grand Traverse Band of Ottawa and
Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
In the 1995–96 migratory bird
seasons, the Grand Traverse Band of
Ottawa and Chippewa Indians and the
Service first cooperated to establish
special regulations for waterfowl. The
Grand Traverse Band is a self-governing,
federally recognized Tribe located on
the west arm of Grand Traverse Bay in
Leelanau County, Michigan. The Grand
Traverse Band is a signatory Tribe of the
Treaty of 1836. We have approved
special regulations for tribal members of
the 1836 treaty’s signatory Tribes on
ceded lands in Michigan since the
1986–87 hunting season.
For the 2020–21 season, the Tribe
requests that the tribal member duck
season run from September 1, 2020,
through January 20, 2021. A daily bag
limit of 35 would include no more than
8 pintail, 4 canvasback, 5 hooded
merganser, 8 black ducks, 10 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, 2020, through
February 15, 2021, season. For whitefronted geese and brant, the Tribe
proposes a September 20 through
December 30, 2020, season. The daily
bag limit for Canada and snow geese
would be 15, and the daily bag limit for
white-fronted geese, 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,
2020, 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, 2020, season. The daily
bag limit would be 25 mourning dove,
10 snipe, and 10 rail.
For sandhill crane, the Tribe proposes
a September 1 through November 14,
2020, season. The daily bag limit would
be 2 birds and a season limit of 10 birds.
For snipe and rails, the Tribe
proposes a September 1 through
November 14, 2020, 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 2020–21 special migratory bird
hunting proposal.
(d) Great Lakes Indian Fish and Wildlife
Commission, Odanah, Wisconsin (Tribal
Members Only)
Since 1985, various bands of the Lake
Superior Tribe of Chippewa Indians
have exercised judicially recognized,
off-reservation hunting rights for
migratory birds in Wisconsin. The
specific regulations were established by
the Service in consultation with the
Wisconsin Department of Natural
Resources and the Great Lakes Indian
Fish and Wildlife Commission
(GLIFWC), an intertribal agency
exercising delegated natural resource
management and regulatory authority
from its member Tribes in portions of
Wisconsin, Michigan, and Minnesota.
Beginning in 1986, a Tribal season on
ceded lands in the western portion of
the Michigan Upper Peninsula was
developed in coordination with the
Michigan Department of Natural
Resources. We have approved

18535

regulations for Tribal members in both
Michigan and Wisconsin since the
1986–87 hunting season. In 1987,
GLIFWC requested, and we approved,
regulations to permit Tribal members to
hunt on ceded lands in Minnesota, as
well as in Michigan and Wisconsin. The
States of Michigan and Wisconsin
originally concurred with the
regulations, although both Wisconsin
and Michigan have raised various
concerns over the years. Minnesota did
not concur with the original regulations,
stressing that the State would not
recognize Chippewa Indian hunting
rights in Minnesota’s treaty area until a
court with jurisdiction over the State
acknowledges and defines the extent of
these rights. In 1999, the U.S. Supreme
Court upheld the existence of the tribes’
treaty reserved rights in Minnesota v.
Mille Lacs Band, 199 S. Ct. 1187 (1999).
We acknowledge all of the States’
concerns, but point out that the U.S.
Government has recognized the Indian
treaty reserved rights, and that
acceptable hunting regulations have
been successfully implemented in
Minnesota, Michigan, and Wisconsin.
Consequently, in view of the above, we
have approved regulations since the
1987–88 hunting season on ceded lands
in all three States. In fact, this
recognition of the principle of treaty
reserved rights for band members to
hunt and fish was pivotal in our
decision to approve a 1991–92 season
for the 1836 ceded area in Michigan.
Since then, in the 2007 Consent Decree,
the 1836 Treaty Tribes and the Michigan
Department of Natural Resources and
Environment established courtapproved regulations pertaining to offreservation hunting rights for migratory
birds.
For 2020, 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 as
follows:

Wisconsin

Minnesota

Michigan

Bad River Band of the Lake Superior Tribe of Chippewa
Indians.
Lac Courte Oreilles Band of Lake Superior Chippewa Indians.
Lac du Flambeau Band of Lake Superior Chippewa Indians..

Mille Lacs Band of Chippewa Indians ......

Lac Vieux Desert Band of Chippewa Indians
Keweenaw Bay Indian Community.

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

PO 00000

Fond du Lac Band of Lake Superior
Chippewa Indians.

Frm 00065

Fmt 4702

Sfmt 4702

E:\FR\FM\02APP1.SGM

02APP1

18536

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules
Wisconsin

Minnesota

Michigan

jbell on DSKJLSW7X2PROD with PROPOSALS

Red Cliff Band of Lake Superior Chippewa Indians .........
St. Croix Chippewa Indians of Wisconsin ........................
Sokaogon Chippewa Community (Mole Lake Band) .......

This year, GLIFWC proposes to
continue certain experimental
regulatory changes approved during the
2017–18 season but first implemented
in 2018 (83 FR 5037, February 5, 2018).
First, in the 1837 and 1842 Treaty
Areas, GLIFWC allows 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 is
required to complete and submit a hunt
diary for each hunt where electronic
calls were used. Second, GLIFWC
allows the take of migratory birds
(primarily waterfowl) with the use of
hand-held nets, hand-held snares, and/
or capture of birds by hand in the 1837
and 1842 Treaty Areas. This use of nets,
snares, or hand-capture includes the
take of birds at night. Both the use of
electronic calls and the use of nets,
snares, or hand-capture are considered
3-year experimental seasons. We
propose to approve the continuation of
all these experimental proposals again
this year. For more specific discussion
on these regulatory changes, we refer
the reader to the August 27, 2017, and
February 5, 2018, rules (82 FR 39716
and 83 FR 5037).
Under GLIFWC’s proposed 2020–21
regulations, GLIFWC expects total ceded
territory harvest to be approximately
2,000 to 3,000 ducks, 400 to 600 geese,
50 sandhill cranes, and 30 swans, which
is roughly similar to anticipated levels
in the previous year.
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
(2018), an estimated 197 hunters hunted
a total of 1,480 days and harvested 1,980
ducks (1.4 ducks per day) and 495
geese. The greatest number of ducks
reported harvested in a single day was
12, while the highest number of geese
reported taken on a single outing was
17. Mallards, wood ducks, and bluewinged teal composed about the greatest
percentage of the duck harvest. Thirtyone sandhill cranes were reported
harvested in 2018. Nine trumpeter
swans were harvested in the 2019–20
season. The Tribe is proposing the
threshold level of trumpeter swan

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

harvest which would trigger emergency
closure of the swan season from 10 to
20. About 92 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.
The proposed 2020–21 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, 2020.
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, 2020.
Daily Bag Limit: 10 mergansers.
Geese
Season Dates: Begin September 1 and
end December 31, 2020. 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, 2020.
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, 2020.
Daily Bag and Possession Limits: 20,
singly, or in the aggregate, 25.
C. Common Snipe:
Season Dates: Begin September 1 and
end December 31, 2020.
Daily Bag Limit: 16 common snipe.
D. Woodcock:
Season Dates: Begin September 4 and
end December 31, 2020.
Daily Bag Limit: 10 woodcock.
E. Mourning Dove: 1837 and 1842
Ceded Territories only.
Season Dates: Begin September 1 and
end November 29, 2020.
Daily Bag Limit: 15 mourning doves.
F. Sandhill Cranes:

PO 00000

Frm 00066

Fmt 4702

Sfmt 4702

Season Dates: Begin September 1 and
end December 31, 2020.
Daily Bag Limit: 5 cranes and no
seasonal bag limit in the 1837 and 1842
Treaty areas; 3 crane and no seasonal
bag limit in the 1836 Treaty area.
G. Swans: 1837 and 1842 Ceded
Territories only.
Season Dates: Begin September 1 and
end December 31, 2020.
Daily Bag Limit: 5 swans. All
harvested swans must be registered by
presenting the fully-feathered carcass to
a tribal registration station or GLIFWC
warden. If the total number of trumpeter
swans harvested reaches 20, the swan
season will be closed by emergency
tribal rule.
General Conditions
A. All tribal members will be required
to obtain a valid tribal waterfowl
hunting permit.
B. Except as otherwise noted, tribal
members will be required to comply
with tribal codes that will be no less
restrictive than the model ceded
territory conservation codes approved
by Federal courts in the Lac Courte
Oreilles v. State of Wisconsin (Voigt)
and Mille Lacs Band v. State of
Minnesota cases. Chapter 10 in each of
these model codes regulates ceded
territory migratory bird hunting. Both
versions of Chapter 10 parallel Federal
requirements as to hunting methods,
transportation, sale, exportation, and
other conditions generally applicable to
migratory bird hunting. They also
automatically 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.
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

E:\FR\FM\02APP1.SGM

02APP1

jbell on DSKJLSW7X2PROD with PROPOSALS

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules
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 a 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 (through the 2020–21 season),
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

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

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 (through the 2020–
21 season), after which a full evaluation
would be completed.
We propose to approve the above
GLIFWC regulations for the 2020–21
hunting season.
(e) 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 2020–21
waterfowl and Canada goose season
beginning October 3, 2020, and a closing
date of November 30, 2020. 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 2017–18 season, estimated
duck harvest was 82. The species
composition included mainly mallards,
gadwall, and bufflehead. The estimated
harvest of geese was six birds.
The proposed regulations are
essentially the same as were established
last year. The Tribe anticipates the
maximum 2020–21 waterfowl harvest
would be around 200 ducks and 20
geese.
We propose to approve the Tribe’s
requested 2020–21 hunting seasons.

PO 00000

Frm 00067

Fmt 4702

Sfmt 4702

18537

(f) 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.
We have yet to hear from the Kalispel
Tribe. The nontribal member seasons
described below would pertain to a 176acre 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 Kalispel-ceded lands within
Washington, Montana, and Idaho.
The Kalispel Tribe usually proposes
tribal and nontribal member waterfowl
seasons. The Tribe usually 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 usually
requests the seasons open at the earliest
possible date and remain open, for the
maximum amount of open days. The
Tribe usually requests a season for
ducks run September 21–22 and
September 28–29, 2020, and from
October 1, 2020, to January 8, 2021. 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 usually
requests a season for geese run
September 21–22 and September 28–29,
2020, and from October 1, 2020, to
January 8, 2021. Total number of days
should not exceed 107. Nontribal
hunters should obtain further
information on specific hunt days from
the Tribe. Daily bag and 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

E:\FR\FM\02APP1.SGM

02APP1

18538

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules

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 usually
proposes season dates for ducks of
October 1, 2020, through January 31,
2021, and for geese of September 10,
2020, through January 31, 2021. 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 Kalispel
Tribe regulations, upon receipt of their
proposal and if these dates conform to
Federal flyway frameworks for the
Pacific Flyway.

jbell on DSKJLSW7X2PROD with PROPOSALS

(g) Klamath Tribe, Chiloquin, Oregon
(Tribal Members Only)
The Klamath Tribe currently has no
reservation, per se. However, the
Klamath Tribe has reserved hunting,
fishing, and gathering rights within its
former reservation boundary. This area
of former reservation, granted to the
Klamaths by the Treaty of 1864, is over
1 million acres. Tribal natural resource
management authority is derived from
the Treaty of 1864, and carried out
cooperatively under the judicially
enforced Consent Decree of 1981. The
parties to this Consent Decree are the
Federal Government, the State of
Oregon, and the Klamath Tribe. The
Klamath Indian Game Commission sets
the seasons. The tribal biological staff
and tribal regulatory enforcement
officers monitor tribal harvest by
frequent bag checks and hunter
interviews.
For the 2020–21 seasons, the Tribe
requests proposed season dates of
October 5, 2020, through January 31,
2021. 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

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

the annual goose harvest is local birds
produced in the Klamath Basin.
We propose to approve those 2020–21
special migratory bird hunting
regulations.
(h) Leech Lake Band of Ojibwe, Cass
Lake, Minnesota (Tribal Members Only)
The Leech Lake Band of Ojibwe is a
federally recognized Tribe located in
Cass Lake, Minnesota. The reservation
employs conservation officers to enforce
conservation regulations. The Service
and the Tribe have cooperatively
established migratory bird hunting
regulations since 2000.
For the 2020–21 season, the Tribe
requests a duck season starting on
September 12 and ending December 31,
2020, and a goose season to run from
September 12 through December 31,
2020. 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 2020–
21 special migratory bird hunting
season.
(i) Little River Band of Ottawa Indians,
Manistee, Michigan (Tribal Members
Only)
The Little River Band of Ottawa
Indians (LRBOI) is a self-governing,
federally recognized Tribe located in
Manistee, Michigan, and a signatory
Tribe of the Treaty of 1836. We have
approved special regulations for tribal
members of the 1836 treaty’s signatory
Tribes on ceded lands in Michigan since
the 1986–87 hunting season. Ceded
lands are located in Lake, Mason,
Manistee, and Wexford Counties. The
Band proposes regulations to govern the
hunting of migratory birds by Tribal
members within the 1836 Ceded
Territory as well as on the Band’s
Reservation.
LRBOI proposes a duck and
merganser season from September 1,
2020, through January 31, 2021. 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 14, 2020, through
January 31, 2021, season. Daily bag

PO 00000

Frm 00068

Fmt 4702

Sfmt 4702

limits would be five coot and five
gallinule.
For white-fronted geese, ross geese,
snow geese, and brant, the Tribe
proposes a September 7 through
December 9, 2020, season. Daily bag
limits would be five geese.
For Canada geese only, the Tribe
proposes a September 1, 2020, through
January 31, 2021, 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 14, 2020,
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.
For sandhill crane, the Tribe proposes
a September 1, through December 31,
2020, season with a daily bag limit of
five. The possession limit 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
2020–21 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’ 2020–21 special
migratory bird hunting seasons.
(j) The Little Traverse Bay Bands of
Odawa Indians, Petoskey, Michigan
(Tribal Members Only)
The Little Traverse Bay Bands of
Odawa Indians (LTBB) is a selfgoverning, federally recognized Tribe
located in Petoskey, Michigan, and a
signatory Tribe of the Treaty of 1836.
We have approved special regulations
for tribal members of the 1836 treaty’s

E:\FR\FM\02APP1.SGM

02APP1

jbell on DSKJLSW7X2PROD with PROPOSALS

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules
signatory Tribes on ceded lands in
Michigan since the 1986–87 hunting
season.
For the 2020–21 season, the LTBB
proposes regulations similar to those of
other Tribes in the 1836 treaty area. The
LTBB 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 run from September 1,
2020, through January 31, 2021. 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 proposes
a September 1, 2020, through February
8, 2021, 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 proposes a
September 1 to December 1, 2020,
season. The daily bag limit will not
exceed 10 birds. For snipe, the LTBB
proposes a September 1 to December 31,
2020, season. The daily bag limit will
not exceed 15 birds. For mourning
doves, the LTBB proposes a September
1 to November 14, 2020, season. The
daily bag limit will not exceed 15 birds.
For Virginia and sora rails, the LTBB
proposes a September 1 to December 31,
2020, season. The daily bag limit will
not exceed 20 birds per species. For
coots and gallinules, the LTBB proposes
a September 1 to December 31, 2020,
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 proposes a sandhill
crane season to begin September 1 and
end December 1, 2020. The daily bag
limit will not exceed two birds. 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 the 2016–17
hunting season indicated that
approximately 8 hunters harvested 10
different waterfowl species. No sandhill
cranes were reported harvested during
the 2016–17 season. The LTBB proposes
to monitor harvest closely through game
bag checks, patrols, and mail surveys. In
particular, the LTBB proposes
monitoring the harvest of Southern
James Bay Canada geese and sandhill

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

cranes to assess any impacts of tribal
hunting on the population.
We propose to approve the Little
Traverse Bay Bands of Odawa Indians’
requested 2020–21 special migratory
bird hunting regulations.
(k) 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 2020–
21 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 2020–21 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 3, 2020, through
January 7, 2021. 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. Two bonus blue-winged teal are
allowed during October 3–18, 2020. 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 24, 2020, through
February 7, 2021 (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 24,
2020, through January 19, 2021, with
daily bag and possession limits

PO 00000

Frm 00069

Fmt 4702

Sfmt 4702

18539

concurrent with Federal regulations.
The Tribe’s proposed nontribal-member
light goose season would run from
October 24, 2020, through February 7,
2021, and February 8 through March 10,
2021. The light goose daily bag limit
would be 20 or the maximum number
that Federal regulations allow with no
possession limits.
The Tribe proposes a dove season for
non-Tribal members from September 1
through November 29, 2020. The dove
daily bag limit would be 15.
For tribal members, the Lower Brule
Sioux Tribe proposes a duck, merganser,
and coot season from September 1,
2020, through March 10, 2021. The
daily bag limit would be six ducks,
including no more than two hen mallard
and five mallards total, one 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, 2020, through March
10, 2021, with a daily bag limit of six
Canada geese. The Tribe’s proposed
white-fronted goose tribal season would
run from September 1, 2020, through
March 10, 2021, 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, 2020, through March 10,
2021. A conservation order will also
occur March 10, through May 1, 2021.
The light goose daily bag limit would be
20 or the maximum number that Federal
regulations allow, with no possession
limits.
The Tribe proposes a dove season for
Tribal members from September 1,
2020, through January 31, 2021. The
dove daily bag limit would be 15.
In the 2018 season, nontribal
members harvested 430 geese and 743
ducks. In the 2018 season, duck harvest
species composition was primarily
mallard (70 percent), green-winged teal
(6 percent), and gadwall (5 percent).
Tribal members harvested
approximately 58 ducks and 115 geese
in 2018.
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

E:\FR\FM\02APP1.SGM

02APP1

18540

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules

jbell on DSKJLSW7X2PROD with PROPOSALS

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.
We plan to approve the Tribe’s
requested regulations for the Lower
Brule Reservation if the nontribal
members seasons’ dates fall within final
Federal flyway frameworks.
(l) Lower Elwha Klallam Tribe, Port
Angeles, Washington (Tribal Members
Only)
Since 1996, the Service and the Point
No Point Treaty Tribes, of which Lower
Elwha was one, have cooperated to
establish special regulations for
migratory bird hunting. The Tribes are
now acting independently, and it is our
understanding that the Lower Elwha
Klallam Tribe would like to establish
migratory bird hunting regulations for
tribal members for the 2020–21 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 2020–21 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 to January 4. 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 to January
4. 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 to
January 11, 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

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

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.
(m) Lummi Nation Tribal Community,
Bellingham, Washington (Tribal
Members Only)
This year, the Service and the Lummi
Nation Tribal Community began
cooperating to establish special
regulations for migratory bird hunting.
The Lummi Nation Tribal Community is
a federally recognized Indian Tribe. The
Lummi Reservation is situated to the
west of Bellingham and to the south of
Ferndale, Washington, and was
established by the Treaty of Point Elliott
of January 22, 1855.
For the 2020–21 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,
2020, to March 9, 2021. 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, 2020, to March 9,
2021. The daily bag limit is five.
The Tribe proposes the snipe season
run from September 1, 2020, to March
9, 2021. The daily bag limit for snipe is
15. The Tribe proposes the mourning
dove season run from September 1,
2020, to March 9, 2021. The daily bag
limit for mourning dove is 15. The Tribe
proposes the band-tailed pigeon season
run from September 1, 2020, to March
9, 2021. The daily bag limit for bandtailed pigeon is three. The Lummi
Nation Tribal Community requests
possession limits to be twice the daily
bag limits, except coot is three times the
daily bag limit.
The Community anticipates that the
regulations will result in the harvest of
approximately 600 ducks and 200 geese.
The Lummi 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.

PO 00000

Frm 00070

Fmt 4702

Sfmt 4702

We propose to approve these 2020–21
special migratory bird hunting
regulations.
(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 26, 2020, to January 31,
2021. The daily bag limit is seven
ducks, including no more than seven
mallards (only two hen mallard), two
canvasback, one pintail, three scaup,
and two 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 26, 2020, and
close January 31, 2021. For brant, the
Tribe proposes that the season open on
December 19, 2020, and close January
24, 2021. The daily bag limit for geese
is four and two brant (when open). The
Tribe notes that there is a year-round
closure on dusky Canada geese.
For band-tailed pigeons, the Tribe
proposes that the season open
September 15 and close December 31,
2020. The daily bag limit for band-tailed
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
2020–21 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 mile 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.

E:\FR\FM\02APP1.SGM

02APP1

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules

jbell on DSKJLSW7X2PROD with PROPOSALS

(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 2020–
21 special migratory bird hunting
regulations.
(o) Muckleshoot Indian Tribe, Auburn,
Washington (Tribal Members Only)
The Muckleshoot Tribe is a federally
recognized Tribe with reserved hunting
rights under the Treaty of Medicine
Creek 1854 and Treaty of Point Elliott
1855. Hunting occurs within the treaty
areas as well as on lands traditionally
hunted by the Muckleshoot Indian
Tribe.
The Muckleshoot Indian Tribe
proposes a duck and coot hunting
season from September 1, 2020, to
March 10, 2021. The daily bag limit is
seven ducks, including no more than
two hen mallard, two canvasback, two
pintail, three scaup, two redhead, two
scoter, two long-tailed duck, and two
goldeneye. The daily bag limit for coots
is 25. The Tribe has a limit on harlequin
ducks of one per season.
For geese, the Tribe proposes that the
season open on September 1, 2020, and
close March 10, 2021. The daily bag
limit for geese is 4 Canada geese, 6 light
geese, 10 white-fronted geese, and 2
brant. The Tribe notes that there is a
year-round closure on dusky Canada
geese.
For band-tailed pigeons, mourning
dove, and snipe, the Tribe proposes that
the season open September 1, 2020, and
close March 10, 2021. The daily bag
limits are 2, 15, and 8, respectively.
The Tribe anticipates that harvest
under this regulation will be relatively
low since no known harvest has
occurred over the past 20 years, and
there are no known dedicated waterfowl
or other migratory bird hunters. Harvest
will be for personal cultural and
subsistence purposes. We anticipate
fewer than 100 ducks and 100 geese
may be harvested.
All other Federal regulations
contained in 50 CFR part 20 would
apply. The following restrictions are
also proposed by the Tribe:
(1) Hunting can occur on reservation
and off reservation on lands where the

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

Tribe has treaty-reserved hunting rights,
or has documented traditional use.
(2) Shooting hours for all species of
waterfowl are one-half hour before
sunrise to one-half after sunset.
(3) Hunters must be eligible enrolled
Muckleshoot Tribal members and must
carry their Tribal identification while
hunting.
(4) Tribal members hunting migratory
birds must also have a combined
Migratory Bird Hunting Permit and
Harvest Report Card.
(5) The use of live decoys and/or
baiting to pursue any species of
waterfowl is prohibited.
(6) Hunting for migratory birds is with
shotgun only. Only steel, tungsten-iron,
tungsten-polymer, tungsten-matrix, and
tin shot are allowed for hunting
waterfowl. It is unlawful to use or
possess lead shot while hunting
waterfowl.
The Service proposes to approve the
Muckleshoot Indian Tribe’s 2020–21
special migratory bird hunting
regulations.
(p) 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 2020–21 season, the Navajo
Nation requests the earliest opening
dates and longest duck, merganser,
Canada goose, and coot 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
usually proposes seasons of September
1–30, 2020, 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

PO 00000

Frm 00071

Fmt 4702

Sfmt 4702

18541

than 10 band-tailed pigeons; fewer than
1,000 ducks, coots, and mergansers; and
fewer than 1,000 Canada geese for the
2020–21 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 2020–21 special migratory bird
hunting regulations.
(q) 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 2020–21 season, the Tribe
submitted a proposal requesting special
migratory bird hunting regulations. For
ducks, the Tribe’s proposal describes
the general outside dates as being
September 12 through December 6,
2020. 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,
2020, 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 1 and
November 1, 2020, with a daily bag and
possession limit of two and four,
respectively.
For mourning dove, the Tribe
proposes a season between September 1
and November 1, 2020, with a daily bag
and possession limit of 10 and 20,
respectively.
The Tribe proposes shooting hours be
one-half hour before sunrise to 15
minutes after sunset. Nontribal hunters
hunting on the Reservation or on lands
under the jurisdiction of the Tribe must
comply with all State of Wisconsin

E:\FR\FM\02APP1.SGM

02APP1

18542

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules

jbell on DSKJLSW7X2PROD with PROPOSALS

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
2020–21 special migratory bird hunting
regulations for the Oneida Tribe of
Indians of Wisconsin.
(r) 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 would apply to
tribal members both on and off
reservations within the Point No Point
Treaty Areas; however, the Port Gamble
S’Klallam and Jamestown S’Klallam
Tribal season dates differ only where
indicated below.
For the 2020–21 season, we have yet
to hear from the Point No Point Treaty
Council for either the Jamestown
S’Klallam or Port Gamble S’Klallam
Tribes. For ducks, the Jamestown
S’Klallam Tribe season would usually
open September 1, 2020, and close
March 10, 2021, and coots would open
September 7, 2020, and close February
2, 2021. The Port Gamble S’Klallam
Tribes duck and coot seasons would
usually open from September 1, 2020, to
March 10, 2021. 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 seven. 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 usually proposes the season
open on September 7, 2020, and close
March 10, 2021, for the Jamestown
S’Klallam Tribe, and open on September
1, 2020, and close March 10, 2021, for
the Port Gamble S’Klallam Tribe. The
daily bag limits for Canada geese, light

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

geese, and white-fronted geese would be
5, 3, and 10, respectively. The Council
notes that there is a year-round closure
on dusky Canada geese. For brant, the
Council usually proposes the season
open on November 9, 2020, and close
January 31, 2021, for the Port Gamble
S’Klallam Tribe, and open on January 11
and close January 26, 2021, 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
usually open September 1, 2020, and
close March 10, 2021. The Jamestown
S’Klallam Tribe season would usually
open September 7, 2020, and close
January 20, 2021. The daily bag limit for
band-tailed pigeons would be two. For
snipe, the Port Gamble S’Klallam Tribe
season would usually open September
1, 2020, and close March 10, 2021. The
Jamestown S’Klallam Tribe season
would usually open September 7, 2020,
and close March 10, 2021. The daily bag
limit for snipe would be eight. For
mourning dove, the Port Gamble
S’Klallam Tribe season would usually
open September 1, 2020, and close
January 31, 2021. The Jamestown
S’Klallam Tribe would usually open
September 7, 2020, and close January
20, 2021. The daily bag limit for
mourning dove would be 10.
The Tribe anticipates a total harvest of
fewer than 100 birds for the 2020–21
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 upon
receipt of their 2020–21 special
migratory bird season proposal.
(s) 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.
For ducks, mergansers, and common
snipe, the Tribe proposes outside dates
as September 1, 2020, through January
31, 2021. The Tribe proposes a daily bag
limit of 20 ducks, which could include
no more than 5 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, 2020, to January 31,
2021. The daily bag limit for geese is 20,
in the aggregate. The daily bag limit for

PO 00000

Frm 00072

Fmt 4702

Sfmt 4702

coot, gallinule, sora, and Virginia rail is
20 in the aggregate.
For woodcock and mourning dove,
the Tribe proposes a season between
September 1, 2020, and January 31,
2021, with daily bag limits of 10 and 25,
respectively.
For sandhill crane, the Tribe proposes
a season between September 1, 2020,
and January 31, 2021, 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 2020–21 special migratory
bird hunting regulations for the Saginaw
Tribe of Chippewa Indians.
(t) Sauk-Suiattle Indian Tribe,
Darrington, Washington (Tribal
Members Only)
We have yet to hear from the SaukSuiattle Indian Tribe (SSIT), but it is our
understanding that the SSIT will request
a 2020–21 hunting season on all open
and unclaimed lands under the Treaty
of Point Elliott of January 22, 1855. The
Tribe’s reservation is located in
Darrington, Washington, just west of the
North Cascade Mountain range in Skagit
County on the Sauk and Suiattle Rivers.
The Tribe owns and manages all the
land on the reservation and some lands
surrounding or near the reservation in
Skagit and Snohomish Counties. All of
the lands that are Tribal or Reservation
lands are closed for non-Tribal hunting,
unless opened by an SSIT Special
Regulation.
The Tribe usually proposes special
migratory bird hunting regulations for
ducks, geese, brant, and coot with
outside dates of September 1 through
January 31. The Tribe usually proposes
a daily bag limit of 10 ducks, 5 geese,
5 brant, and 25 coot.
Hunting hours would be from onehalf 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 2020–21 special migratory
bird hunting regulations for the SaukSuiattle Indian Tribe, upon receipt of
their proposal.

E:\FR\FM\02APP1.SGM

02APP1

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules
(u) Sault Ste. Marie Tribe of Chippewa
Indians, Sault Ste. Marie, Michigan
(Tribal Members Only)

jbell on DSKJLSW7X2PROD with PROPOSALS

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,
2020. 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, 2020. 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, 2020, 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, 2020, with a daily
bag and possession limit of 10 and 20,
respectively.
In 2018, the total estimated waterfowl
hunters were 4,183, who harvested
approximately 1,520 ducks. 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 2020–21 special migratory
bird hunting regulations for the Sault
Ste. Marie Tribe of Chippewa Indians.
(v) 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

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

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 2020–21 hunting season,
provided the duck and goose hunting
season dates are the same as on the
reservation.
In a proposal for the 2020–21 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 3, 2020, and a
closing date of January 19, 2021. 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 3, 2020, and
a closing date of January 19, 2021. 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 3, 2020, and a
closing date of January 19, 2021.
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
2020–21 hunting season if the seasons’

PO 00000

Frm 00073

Fmt 4702

Sfmt 4702

18543

dates fall within the final Federal
flyway frameworks (applies to nontribal
hunters only).
(w) Skokomish Tribe, Shelton,
Washington (Tribal Members Only)
Since 1996, the Service and the Point
No Point Treaty Tribes, of which the
Skokomish Tribe was one, have
cooperated to establish special
regulations for migratory bird hunting.
The Tribes have been acting
independently since 2005. The Tribe
has a reservation on the Olympic
Peninsula in Washington State and is a
successor to the signatories of the Treaty
of Point No Point of 1855.
The Skokomish Tribe requests a duck
and coot season from September 16,
2020, to February 28, 2021. 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 requests a season
from September 16, 2020, to February
28, 2021. 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
proposes a season from November 1,
2020, to February 15, 2021, 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 requests a
season from September 16, 2020, to
February 28, 2021, with a daily bag limit
of 10, 2, and 8, respectively. 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 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 2020–21 migratory
bird hunting season.

E:\FR\FM\02APP1.SGM

02APP1

jbell on DSKJLSW7X2PROD with PROPOSALS

18544

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules

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

(y) Squaxin Island Tribe, Squaxin Island
Reservation, Shelton, 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.
The Tribe requests to establish duck
seasons that would run from September
2, 2020, through January 31, 2021. 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 proposes a season on geese
starting September 2, 2020, and ending
on January 31, 2021. 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 2020–21 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 2020–21 special
migratory bird hunting regulations.

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 2020–21 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 through January 15.
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 and end on January 15.
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.
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 and
ending on January 15. 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. 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
2020–21 special migratory bird hunting
regulations, upon receipt of their
proposal.

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

(z) 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 2020–21 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

PO 00000

Frm 00074

Fmt 4702

Sfmt 4702

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, 2020,
to March 10, 2021. The daily bag limit
on ducks (including sea ducks and
mergansers) is 10 including no more
than seven mallards, 3 pintail, 3
redhead, 3 scaup, and 3 canvasback.
The daily bag limit for coot is 25. For
geese, the daily bag limit is 6 Canada
geese, 12 white-fronted geese, and 8
light geese. The season on brant is
closed. Possession limits are three times
the daily bag limits.
The Tribe proposes the snipe season
run from October 1, 2020, to January 31,
2021. The daily bag limit for snipe is 10.
Possession limit is two times the daily
bag limit.
The Tribe proposes the swan season
run from October 1, 2020, to January 31,
2021. The bag limit for swan is two per
season.
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 2020–
21 special migratory bird hunting
regulations.
(aa) 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 2020–21 season, the Tribal
Community requests to establish a
migratory bird hunting season on all

E:\FR\FM\02APP1.SGM

02APP1

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules

jbell on DSKJLSW7X2PROD with PROPOSALS

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,
2020, to March 9, 2021. 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, 2020, to March 9,
2021. The daily bag limit is five.
The Tribe proposes the snipe season
run from September 1, 2020, to March
9, 2021. The daily bag limit for snipe is
15. The Tribe proposes the mourning
dove season run from September 1,
2020, to March 9, 2021. The daily bag
limit for mourning dove is 15. The Tribe
proposes the band-tailed pigeon season
run from September 1, 2020, to March
9, 2021. The daily bag limit for bandtailed pigeon is three. The Swinomish
Indian Tribal Community requests
possession limits to be twice the daily
bag limits, except coot is three times the
daily bag limit.
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 2020–21
special migratory bird hunting
regulations.
(dd) 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 1, 2020,
through February 28, 2021. 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

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

and 75, respectively, and for snipe 8 and
24, respectively. Ceremonial hunting
may be authorized by the Department of
Natural Resources at any time upon
application of a qualified tribal member.
Such a hunt must have a bag limit
designed to limit harvest only to those
birds necessary to provide for the
ceremony.
For geese, tribal members propose a
season from September 1, 2020, through
February 28, 2021. The goose daily bag
and possession limits would be 10 and
30, respectively, except that the bag
limits for cackling Canada geese and
dusky Canada geese would be those
established in accordance with final
Federal frameworks. The daily bag and
possession limits for black brant is 5
and 10, respectively.
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 2020–21 special
migratory bird hunting regulations.
(cc) 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 2020–21 season, the Tribe
requests a duck season starting October
1, 2020, and ending February 28, 2021.
The Tribe proposes a daily bag limit of
15 with a possession limit of 20. The
Tribe requests a coot season starting
October 1, 2020, and ending February
15, 2021. The coot daily bag limit is 20
with a possession limit of 30.
The Tribe proposes a goose season
from October 1, 2020, to February 28,
2021, with a daily bag limit of 7 geese

PO 00000

Frm 00075

Fmt 4702

Sfmt 4702

18545

and a possession limit of 10. For brant,
the Tribe proposes a season from
November 1 to 10, 2020, with a daily
bag and possession limit of two.
The Tribe proposes a mourning dove
season between September 1 and
December 31, 2020, 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
2020–21 special migratory bird hunting
regulations.
(dd) 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.
We have yet to hear from the
Wampanoag Tribe of Gay Head. The
Tribe usually proposes a duck season of
October 8 through February 16. 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
proposes a teal (green-winged and blue)
season of October 8 through February
16. A daily bag limit of 10 teal would
be in addition to the daily bag limit for
ducks.
For sea ducks, the Tribe usually
proposes a season between October 1
and February 16, 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 3
and 15 and between October 22 and
February 16, with a daily bag limit of
eight Canada geese. For snow geese, the
tribe usually requests a season between

E:\FR\FM\02APP1.SGM

02APP1

18546

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules

jbell on DSKJLSW7X2PROD with PROPOSALS

September 3 and 13, and between
November 19 and February 16, with a
daily bag limit of 15 snow geese.
For woodcock, the Tribe usually
proposes a season between October 8
and November 24, with a daily bag limit
of three. For sora and Virginia rails, the
Tribe usually requests a season of
September 3 through November 3, with
a daily bag limit of 5 sora and 10
Virginia rails. For snipe, the Tribe
usually requests a season of September
3 through December 8, with a daily bag
limit of eight.
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.
We propose to approve the Tribe’s
2020–21 special migratory bird hunting
regulations, upon receipt of their
proposal.
(ee) White Earth Band of Ojibwe, White
Earth, Minnesota (Tribal Members Only)
The White Earth Band of Ojibwe is a
federally recognized tribe located in
northwest Minnesota and encompasses
all of Mahnomen County and parts of
Becker and Clearwater Counties. The
reservation employs conservation
officers to enforce migratory bird
regulations. The Tribe and the Service
first cooperated to establish special
tribal regulations in 1999.
The White Earth Band of Ojibwe
requests a duck season to start
September 12 and end December 13,
2020. 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
12 and end December 13, 2020. 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 25, 2020, and a
late season from September 26 through
December 13, 2020. 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,
2020, season with daily bag limits of 20
coots. For snipe, woodcock, rail, and
mourning dove, the Tribe proposes a
September 1 through November 30,
2020, season with daily bag limits of 10,
10, 25, and 25, respectively. Shooting
hours are one-half hour before sunrise to

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

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
2020–21 special migratory bird hunting
regulations.
(ff) 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.
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 2020–21 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 2020–21
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 17, 2020, and a closing date of
January 24, 2021. The Tribe proposes a
daily duck (including mergansers) bag
limit of seven, which may include no
more than two redheads, two pintail,
three scaup, 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 17, 2020, through January
24, 2021. 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,
2020, 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 band-

PO 00000

Frm 00076

Fmt 4702

Sfmt 4702

tailed 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
2020–21 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
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

E:\FR\FM\02APP1.SGM

02APP1

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules
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 October 15
proposed rule; for descriptions of our
actions to ensure compliance with the
following statutes and Executive Orders,
see our October 15, 2019, proposed rule
(84 FR 55120):
• National Environmental Policy Act
Consideration;
• Endangered Species Act
Consideration;
• Regulatory Flexibility Act;
• Small Business Regulatory
Enforcement Fairness Act;
• Unfunded Mandates Reform Act;
• Executive Orders 12630, 12866,
12988, 13132, 13175, 13211, 13563, and
13771.

jbell on DSKJLSW7X2PROD with PROPOSALS

Paperwork Reduction Act
This proposed rule contains existing
and new information collections. All
information collections require approval
under the Paperwork Reduction Act of
1995 (PRA, 44 U.S.C. 3501 et seq.). We
may not conduct or sponsor and you are
not required to respond to a collection
of information unless it displays a
currently valid Office of Management
and Budget (OMB) control number. The
OMB has reviewed and approved the
information collection requirements
associated with migratory bird surveys
and the procedures for establishing
annual migratory bird hunting seasons
under the following OMB control
numbers:
• 1018–0019, ‘‘North American
Woodcock Singing Ground Survey’’
(expires 6/30/2021).
• 1018–0023, ‘‘Migratory Bird
Surveys, 50 CFR 20.20’’ (expires 8/31/
2020—includes Migratory Bird Harvest
Information Program, Migratory Bird
Hunter Surveys, Sandhill Crane Survey,
and Parts Collection Survey).
• 1018–0171, ‘‘Establishment of
Annual Migratory Bird Hunting
Seasons, 50 CFR part 20’’ (expires 06/
30/2021).
In accordance with the PRA and 5
CFR 1320.8(d)(1), we provide the
general public and other Federal
agencies with an opportunity to
comment on our proposal to renew
OMB control number 1018–0171. This
helps us assess the impact of our

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

information collection requirements and
minimize the public’s reporting burden.
It also helps the public understand our
information collection requirements and
provide the requested data in the
desired format.
Migratory game birds are those bird
species so designated in conventions
between the United States and several
foreign nations for the protection and
management of these birds. Under the
Migratory Bird Treaty Act (16 U.S.C.
703–712), the Secretary of the Interior is
authorized to determine when ‘‘hunting,
taking, capture, killing, possession, sale,
purchase, shipment, transportation,
carriage, or export of any * * * bird, or
any part, nest, or egg’’ of migratory game
birds can take place, and to adopt
regulations for this purpose. These
regulations are written after giving due
regard to ‘‘the zones of temperature and
to the distribution, abundance,
economic value, breeding habits, and
times and lines of migratory flight of
such birds’’ and are updated annually
(16 U.S.C. 704(a)). This responsibility
has been delegated to the Service as the
lead Federal agency for managing and
conserving migratory birds in the
United States. However, migratory game
bird management is a cooperative effort
of State, Tribal, and Federal
governments. Migratory game bird
hunting seasons provide opportunities
for recreation and sustenance; aid
Federal, State, and tribal governments in
the management of migratory game
birds; and permit harvests at levels
compatible with migratory game bird
population status and habitat
conditions.
The Service develops migratory game
bird hunting regulations by establishing
the frameworks, or outside limits, for
season lengths, bag limits, and areas for
migratory game bird hunting.
Acknowledging regional differences in
hunting conditions, the Service has
administratively divided the Nation into
four Flyways for the primary purpose of
managing migratory game birds. Each
Flyway (Atlantic, Mississippi, Central,
and Pacific) has a Flyway Council, a
formal organization generally composed
of one member from each State and
Province in that Flyway. The Flyway
Councils, established through the
Association of Fish and Wildlife
Agencies, also assist in researching and
providing migratory game bird
management information for Federal,
State, and Provincial governments, as
well as private conservation entities and
the general public.
We request the following information
to establish annual migratory bird
hunting seasons:

PO 00000

Frm 00077

Fmt 4702

Sfmt 4702

18547

(1) Information Requested to Establish
Annual Migratory Bird Hunting
Seasons:
(A) Tribes that wish to use the
guidelines to establish special hunting
regulations for the annual migratory
game bird hunting season are required
to submit a proposal that includes:
(i) The requested migratory game bird
hunting season dates and other details
regarding the proposed regulations;
(ii) Harvest anticipated under the
proposed regulations; and
(iii) Tribal capabilities to enforce
migratory game bird hunting
regulations.
(B) State and U.S. territory
governments that wish to establish
annual migratory game bird hunting
seasons are required to provide the
requested dates and other details for
hunting seasons in their respective
States or Territories.
(2) Reports: The following reports are
requested from the States and are
submitted either annually or every 3
years as explained in the following text.
(A) Reports from Experimental
Hunting Seasons and Season Structure
Changes:
Atlantic Flyway Council:
• Delaware—Experimental tundra
swan season (yearly updates and final
report)
• Florida—Experimental teal-only
season (yearly updates and final report)
Mississippi Flyway Council:
• Alabama—Experimental sandhill
crane season (yearly updates and final
report) Central Flyway Council:
• Nebraska—Experimental teal season
(yearly updates and final report)
• New Mexico—Experimental
sandhill crane season in Estancia Valley
(yearly updates and final report)
• Wyoming—Split (3–way) season for
Canada geese (final report only) Pacific
Flyway Council:
• California—Zones and split season
for white-fronted geese (final report
only)
(B) Additional State-specific Annual
Reports:
State-specific:
• Arizona—Sandhill crane racial
composition of the harvest conducted at
3-year intervals
• North Carolina and Virginia—
Tundra swan harvest and hunter
participation data
• Montana (Central Flyway portion),
North Dakota, and South Dakota—
Tundra swan harvest and hunter
participation data (yearly)
• Montana (Pacific Flyway portion)—
Swan harvest-monitoring program to
measure species composition (yearly)
• Montana (Pacific Flyway portion),
Utah, and Nevada—Swan harvest-

E:\FR\FM\02APP1.SGM

02APP1

18548

Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Proposed Rules

jbell on DSKJLSW7X2PROD with PROPOSALS

monitoring program to measure the
species composition and report
detailing swan harvest, hunter
participation, reporting compliance, and
monitoring of swan populations in
designated hunt areas (yearly)
Reports and monitoring are used for a
variety of reasons. Some are used to
monitor species composition of the
harvest for those areas where species
intermingling can confound harvest
management and potential overharvest
of one species can be a management
concern. Others are used to determine
overall harvest for those species and/or
areas that are not sampled well by our
overall harvest surveys due to either the
limited nature/area of the hunt or
season or where the harvest needs to be
closely monitored. Experimental season
reports are used to determine whether
the experimental season is achieving its
intended goals and objectives, without
causing unintended harm to other
species and ultimately whether the
experimental season should proceed to
operational status. Most experimental
seasons are 3-year trials with yearly
reports and a final report. Most of the
other reports and monitoring are
conducted either annually or at 3-year
intervals.
Title: Establishment of Annual
Migratory Bird Hunting Seasons, 50 CFR
part 20.
OMB Control Number: 1018–0171.
Service Form Number: None.
Type of Request: Extension of a
currently approved collection.

VerDate Sep<11>2014

18:28 Apr 01, 2020

Jkt 250001

Description of Respondents: State and
Tribal governments.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: Annually.
Estimated Number of Annual
Respondents: 82 (from 52 State
governments and Territories and 30
Tribal governments).
Estimated Number of Annual
Responses: 99 (includes State and Tribal
governments and additional reports
from States).
Average Completion Time per
Response: Varies from 4 hours to 650
hours, depending on the activity.
Estimated Total Annual Burden
Hours: 9,878.
Estimated Annual Non-hour Burden
Cost: None.
As part of our continuing effort to
reduce paperwork and respondent
burdens, and in accordance with 5 CFR
1320.8(d)(1), we invite the public and
other Federal agencies to comment on
any aspect of this proposed information
collection, including:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and

PO 00000

Frm 00078

Fmt 4702

Sfmt 9990

(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
response.
Send your comments and suggestions
on this information collection by the
date indicated under Information
Collection Requirements in DATES to the
Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, 5275 Leesburg Pike,
MS: PRB/PERMA (JAO/1N), Falls
Church, VA 22041–3803 (mail); or Info_
Coll@fws.gov (email). Please reference
OMB Control Number 1018–0171 in the
subject line of your comments.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
Authority
The rules that eventually will be
promulgated for the 2020–21 hunting
season are authorized under 16 U.S.C.
703–712 and 16 U.S.C. 742 a–j.
George Wallace,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2020–06797 Filed 4–1–20; 8:45 am]
BILLING CODE 4333–15–P

E:\FR\FM\02APP1.SGM

02APP1