Published Proposed Rule (RIN 1018-BE34)

Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Proposed Rules
We accept anonymous comments. All
comments received will be posted
without change to https://
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provided. For more about privacy and
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when comments are posted or a final
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List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:

■

Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
DHS Delegation No. 0170.1.

2. Revise § 117.391 by adding
paragraph (d) to read as follows:

■

§ 117.391

Chicago River.

*

*
*
*
*
(d) The Amtrak Bridge, mile 3.77, is
authorized to operate remotely and open
to the intermediate position on signal,
unless a request for a full opening is
received by the drawtender. The bridge
is required to operate a marine radio.
Dated: April 5, 2021.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2021–09002 Filed 5–3–21; 8:45 am]
BILLING CODE 9110–04–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20

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[Docket No. FWS–HQ–MB–2020–0032;
FF09M21200;212;FXMB1231099BPP0]
RIN 1018–BE34

Migratory Bird Hunting; Proposed
Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations
and Ceded Lands for the 2021–22
Season
AGENCY:

Fish and Wildlife Service,

Interior.

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ACTION:

Proposed rule.

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 2021–22
migratory bird hunting season. In
issuing this proposed rule, we followed
guidelines for a regulatory process that
recognizes the reserved hunting rights
and management authority of Indian
Tribes while also ensuring that the
migratory game bird resource receives
necessary protection.
DATES:
Written Comments: You must submit
comments on the proposed regulations
by June 3, 2021.
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 July 6, 2021.
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–2020–
0032.
• U.S. Mail: Public Comments
Processing, Attn: FWS–HQ–MB–2020–
0032, U.S. Fish and Wildlife Service;
MS: PRB (JAO/3W); 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).
Information Collection Requirements:
Send your comments and suggestions
on the information collection
requirements to the Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, 5275 Leesburg
Pike, MS: PRB (JAO/3W), Falls Church,
VA 22041–3803 (mail); or 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:
SUMMARY:

Background
Migratory game birds are those bird
species so designated in conventions
between the United States and several
foreign nations for the protection and

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management of these birds. Under the
Migratory Bird Treaty Act (16 U.S.C.
703–712), the Secretary of the Interior is
authorized to determine when ‘‘hunting,
taking, capture, killing, possession, sale,
purchase, shipment, transportation,
carriage, or export of any such bird, or
any part, nest, or egg’’ of migratory game
birds can take place and to adopt
regulations for this purpose. These
regulations, which are updated
annually, must give due regard to ‘‘the
zones of temperature and to the
distribution, abundance, economic
value, breeding habits, and times and
lines of migratory flight of such birds’’
(16 U.S.C. 704(a)). The Secretary of the
Interior has delegated to the Service the
lead Federal responsibility for managing
and conserving migratory birds in the
United States; however, migratory bird
management is a cooperative effort of
Federal, State, and Tribal governments.
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.
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 Service
developed guidelines for establishing
special migratory bird hunting
regulations for Indian Tribes (53 FR
31612, August 18, 1988). The guidelines
include possibilities for:
(1) On-reservation hunting by both
Tribal and nontribal hunters, with
hunting by nontribal hunters on some
reservations to take place within Federal
frameworks but on dates different from
those selected by the surrounding
State(s);
(2) On-reservation hunting by Tribal
members only, outside of the usual
Federal frameworks for season dates and
length, and for daily bag and possession
limits; and
(3) Off-reservation hunting by Tribal
members on ceded lands, outside of
usual framework dates and season
length, with some added flexibility in
daily bag and possession limits.
In all cases, the regulations
established under the guidelines must
be consistent with the March 10 to
September 1 closed season mandated by
the 1916 Convention between the
United States and Great Britain (for
Canada) for the Protection of Migratory
Birds (Treaty). The guidelines apply to
those Tribes having recognized reserved
hunting rights on Federal Indian

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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Proposed Rules

reservations (including off-reservation
trust lands) and on ceded lands. They
also apply to establishing migratory bird
hunting regulations for nontribal
hunters on all lands within the exterior
boundaries of reservations where Tribes
have full wildlife management authority
over such hunting or where the Tribes
and affected States otherwise have
reached agreement over hunting by
nontribal hunters on lands owned by
non-Indians within the reservation.
Tribes usually have the authority to
regulate migratory bird hunting by
nonmembers on Indian-owned
reservation lands, subject to Service
approval. The question of jurisdiction is
more complex on reservations that
include lands owned by non-Indians,
especially when the surrounding States
have established or intend to establish
regulations governing hunting by nonIndians on these lands. In such cases,
we encourage the Tribes and States to
reach agreement on regulations that
would apply throughout the
reservations. When appropriate, we will
consult with a Tribe and State with the
aim of facilitating an accord. We also
will consult jointly with Tribal and
State officials in the affected States
where Tribes wish to establish special
hunting regulations for Tribal members
on ceded lands.
Because of past questions regarding
interpretation of what events trigger the
consultation process, as well as who
initiates it, we provide the following
clarification: We routinely provide
copies of Federal Register publications
pertaining to migratory bird
management to all State Directors,
Tribes, and other interested parties. It is
the responsibility of the States, Tribes,
and others to notify us of any concern
regarding any feature(s) of any
regulations. When we receive such
notification, we will initiate
consultation.
Our guidelines provide for the
continued harvest of waterfowl and
other migratory game birds by Tribal
members on reservations where such
harvest has been a customary practice.
We do not oppose this harvest, provided
it does not take place during the closed
season defined by the Treaty, and does
not adversely affect the status of the
migratory bird resource. Before
developing the guidelines, we reviewed
available information on the current
status of migratory bird populations,
reviewed the current status of migratory
bird hunting on Federal Indian
reservations, and evaluated the potential
impact of such guidelines on migratory
birds. We concluded that the impact of
migratory bird harvest by Tribal

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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. While the guidelines
should not be viewed as inflexible, we
note that they have been employed
successfully since 1985. We should
stress here, however, that use of the
guidelines is not mandatory, and no
action is required if a Tribe wishes to
observe the hunting regulations
established by the State(s) in which the
reservation is located.
Hunting Season Proposals From Indian
Tribes and Organizations
On October 9, 2020, we published in
the Federal Register (85 FR 64097) a
proposal to amend 50 CFR part 20 to
establish open hunting seasons and
daily bag and possession limits for
certain designated groups or species of
migratory game birds for 2021–22 in the
contiguous United States, Alaska,
Hawaii, Puerto Rico, and the Virgin
Islands. The proposal provided a
background and overview of the
migratory bird hunting regulations
process and addressed the
establishment of seasons, limits, and
other regulations for hunting migratory
game birds. The proposed rule also
invited proposals from Tribes that want
to establish special hunting regulations
for the 2021–22 migratory game bird
hunting season.
For the 2021–22 hunting season, we
received requests from 27 Tribes and
Indian organizations. In this proposed
rule, we respond to these 27 requests
and also evaluate anticipated requests
for 5 Tribes from whom we usually hear
but from whom we have not yet
received proposals. We actively solicit
regulatory proposals from other Tribal

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groups that are interested in working
cooperatively for the benefit of
waterfowl and other migratory game
birds. We encourage Tribes to work with
us to develop agreements for
management of migratory bird resources
on Tribal lands.
The proposed frameworks for flyway
regulations were published in the
Federal Register on February 22, 2021
(86 FR 10622). 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.
(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, 2021, through
March 9, 2022. Daily bag and possession
limits were not proposed for Tribal
members.
The requested season dates and bag
limits are similar to past regulations.
Harvest levels are not expected to
change significantly. Standardized
check station data from the 1993–94 and
1994–95 hunting seasons indicated no
significant changes in harvest levels and
that the large majority of the harvest is
by nontribal hunters.
We propose to approve the Tribes’
request for special migratory bird

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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Proposed Rules
regulations for the 2021–22 hunting
season.

Tundra and Trumpeter Swans:
Reservation Only

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

Season Dates: Begin September 1 and
end November 30, 2021.
Daily Bag Limit: Two swans. Swan
carcass tags are required prior to
hunting.

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 2021–22 is
essentially the same as that approved
last year. The proposed 2021–22
waterfowl hunting season regulations
for Fond du Lac are as follows:

Season Dates: Begin September 1 and
end November 30, 2021.
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, 2021.
Daily Bag Limit: 25 sora and Virginia
rails, singly or in the aggregate.

Ducks

Common Snipe: All Areas

A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and
end November 30, 2021.
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, 2021.
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.

Season Dates: Begin September 1 and
end November 30, 2021.
Daily Bag Limit: Eight common snipe.

Mergansers
A. 1854 and 1837 Ceded Territories:
Season Dates: Begin September 1 and
end November 30, 2021.
Daily Bag Limit: 15 mergansers,
including no more than 6 hooded
mergansers.
B. Reservation:
Season Dates: Begin September 1 and
end November 30, 2021.
Daily Bag Limit: 10 mergansers,
including no more than 4 hooded
mergansers.
Canada Geese: All Areas

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Coots and Common Moorhens (Common
Gallinules): All Areas

Season Dates: Begin September 1 and
end November 30, 2021.
Daily Bag Limit: 20 geese.
Sandhill Cranes: 1854 and 1837 Ceded
Territories Only
Season Dates: Begin September 1 and
end November 30, 2021.
Daily Bag Limit: Three sandhill
cranes. A crane carcass tag is required
prior to hunting.

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Woodcock: All Areas
Season Dates: Begin September 1 and
end November 30, 2021.
Daily Bag Limit: Three woodcock.
Mourning Dove: All Areas
Season Dates: Begin September 1 and
end November 30, 2021.
Daily Bag Limit: 30 mourning doves.
The following general conditions
apply:
1. While hunting waterfowl, a Tribal
member must carry on his/her person a
valid Ceded Territory License.
2. Shooting hours for migratory birds
are one-half hour before sunrise to onehalf hour after sunset.
3. Except as otherwise noted, Tribal
members will be required to comply
with Tribal codes that will be no less
restrictive than the provisions of
Chapter 10 of the Model Off-Reservation
Code. Except as modified by the Service
rules adopted in response to this
proposal, these amended regulations
parallel Federal requirements in 50 CFR
part 20 as to hunting methods,
transportation, sale, exportation, and
other conditions generally applicable to
migratory bird hunting.
4. Band members in each zone will
comply with State regulations providing
for closed and restricted waterfowl
hunting areas.
5. There are no possession limits for
migratory birds. For purposes of
enforcing bag limits, all migratory birds
in the possession or custody of band
members on ceded lands will be
considered to have been taken on those
lands unless tagged by a Tribal or State
conservation warden as having been

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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 8 sandhill cranes and 8
trumpeter swans.
We propose to approve the request for
special migratory bird hunting
regulations for the Fond du Lac Band of
Lake Superior Chippewa Indians.
(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 2021–22 season, the Tribe
requests that the Tribal member duck
season run from September 1, 2021,
through January 20, 2022. 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, 2021, through
February 15, 2022, season. For whitefronted geese and brant, the Tribe
proposes a September 20 through
December 30, 2021, 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,
2021, 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, 2021, 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,
2021, season. The daily bag limit would
be 2 birds and a season limit of 8 birds.

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For snipe and rails, the Tribe
proposes a September 1 through
November 14, 2021, 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 2021–22 special migratory bird
hunting proposal.

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(d) Great Lakes Indian Fish and Wildlife
Commission, Odanah, Wisconsin (Tribal
Members Only)
Since 1985, various bands of the Lake
Superior Tribe of Chippewa Indians
have exercised judicially recognized,
off-reservation hunting rights for
migratory birds in Wisconsin. The
specific regulations were established by
the Service in consultation with the
Wisconsin Department of Natural
Resources and the Great Lakes Indian
Fish and Wildlife Commission
(GLIFWC), an intertribal agency

exercising delegated natural resource
management and regulatory authority
from its member Tribes in portions of
Wisconsin, Michigan, and Minnesota.
Beginning in 1986, a Tribal season on
ceded lands in the western portion of
the Michigan Upper Peninsula was
developed in coordination with the
Michigan Department of Natural
Resources. We have approved
regulations for Tribal members in both
Michigan and Wisconsin since the
1986–87 hunting season. In 1987,
GLIFWC requested, and we approved,
regulations to permit Tribal members to
hunt on ceded lands in Minnesota, as
well as in Michigan and Wisconsin. The
States of Michigan and Wisconsin
originally concurred with the
regulations, although both Wisconsin
and Michigan have raised various
concerns over the years. Minnesota did
not concur with the original regulations,
stressing that the State would not
recognize Chippewa Indian hunting
rights in Minnesota’s treaty area until a
court with jurisdiction over the State
acknowledges and defines the extent of
these rights. In 1999, the U.S. Supreme
Court upheld the existence of the tribes’
treaty reserved rights in Minnesota v.
Mille Lacs Band, 199 S. Ct. 1187 (1999).
We acknowledge all of the States’
concerns, but point out that the U.S.

Government has recognized the Indian
treaty reserved rights, and that
acceptable hunting regulations have
been successfully implemented in
Minnesota, Michigan, and Wisconsin.
Consequently, in view of the above, we
have approved regulations since the
1987–88 hunting season on ceded lands
in all three States. In fact, this
recognition of the principle of treaty
reserved rights for band members to
hunt and fish was pivotal in our
decision to approve a 1991–92 season
for the 1836 ceded area in Michigan.
Since then, in the 2007 Consent Decree,
the 1836 Treaty Tribes and the Michigan
Department of Natural Resources and
Environment established courtapproved regulations pertaining to offreservation hunting rights for migratory
birds.
For 2021, 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

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

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

Lac Vieux Desert Band of Chippewa Indians.

Fond du Lac Band of Lake Superior Chippewa Indians.

Keweenaw Bay Indian Community.

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

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Michigan

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 22, 2017, and
February 5, 2018, proposed and final
rules (82 FR 39716 and 83 FR 5037).
Under GLIFWC’s proposed 2021–22
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

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is roughly similar to anticipated levels
in the previous year.
Harvest surveys conducted after the
1996, 1997, 1998, 2001, 2004, 2007,
2008, 2011, 2012, 2015, 2018, and 2019
Tribal seasons indicate that Tribal offreservation harvest has averaged
approximately 1,325 ducks and 300
geese annually during this period. Due
to the limited distribution of doves and
dove habitat in the ceded territory, and
the relatively small number of Tribal
off-reservation migratory bird hunters,
dove harvest is negligible. Two sandhill
cranes were reported harvested in each
of the first three Tribal crane seasons
(2012–2014), 3 in 2015, 0 in 2016, 15 in
2017, 31 in 2018, and 24 in 2019. No
swans were harvested in the first three

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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Proposed Rules
Tribal swan seasons (2014–2016), but
two swans were harvested in 2017 and
2018 respectively, and 9 in 2019. All
swans harvested have been trumpeters.
The proposed 2021–22 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, 2021.
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, 2021.
Daily Bag Limit: 10 mergansers.
Geese
Season Dates: Begin September 1 and
end December 31, 2021. 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.

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Other Migratory Birds
A. Coots and Common Moorhens
(Common Gallinules):
Season Dates: Begin September 1 and
end December 31, 2021.
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, 2021.
Daily Bag and Possession Limits: 20,
singly, or in the aggregate, 25.
C. Common Snipe:
Season Dates: Begin September 1 and
end December 31, 2021.
Daily Bag Limit: 16 common snipe.
D. Woodcock:
Season Dates: 1836 Ceded Territory:
Begin September 1, 2021; end December
31, 2021; 1837 & 1842 Ceded Territories:
Begin September 3, 2021; end December
31, 2021.
Daily Bag Limit: 10 woodcock.
E. Mourning Dove: 1837 and 1842
Ceded Territories only.
Season Dates: Begin September 1 and
end November 29, 2021.
Daily Bag Limit: 15 mourning doves.
F. Sandhill Cranes:
Season Dates: Begin September 1 and
end December 31, 2021.
Daily Bag Limit: 5 cranes and no
seasonal bag limit in the 1837 and 1842
Treaty areas; 3 cranes and no seasonal
bag limit in the 1836 Treaty area.
G. Swans: 1837 and 1842 Ceded
Territories only.

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Season Dates: Begin September 1 and
end December 31, 2021.
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 25 rails (in the
aggregate) and 20 trumpeter swans total.
For purposes of enforcing bag limits, all
migratory birds in the possession and
custody of Tribal members on ceded
lands will be considered to have been
taken on those lands unless tagged by a
Tribal or State conservation warden as
taken on reservation lands. All
migratory birds that fall on reservation
lands will not count as part of any offreservation bag or possession limit.
4. There are no shell limit restrictions.
5. Hunting hours are from 30 minutes
before sunrise to 30 minutes after
sunset, except that, within the 1837 and
1842 Ceded Territories, hunters may use
non-mechanical nets or snares that are
operated by hand to take those birds
subject to an open hunting season at any
time. Hunters shall also be permitted to
capture, without the aid of other devices

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(i.e., by hand), and immediately kill
birds subject to an open season,
regardless of the time of day.
6. An experimental application of
electronic calls will be continued 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 2021–22 season),
after which a full evaluation would be
completed.
7. Within the 1837 and 1842 Ceded
Territories, Tribal members will be
allowed to use non-mechanical, handoperated nets (i.e., throw/cast nets or
hand-held nets typically used to land
fish) and hand-operated snares, and may
chase and capture migratory birds
without the aid of hunting devices (i.e.,
by hand). At this time, non-attended
nets or snares shall not be authorized
under this regulation. Tribal members
using nets or snares to take migratory
birds, or taking birds by hand, will be
required to obtain a special permit; they
will be required to complete a hunt
diary for each hunt where these
methods are used; and they will be
required to submit the hunt diary to the
Commission within 2 weeks of the end
of the season in order to be eligible to
obtain a permit to net migratory birds
for the following year. Required
information will include the date, time,
and location of the hunt; number of
hunters; the number of each species
harvested per hunting event; and other
information deemed appropriate. Diary
results will be summarized and
documented in a Commission report,
which will be submitted to the Service.
Barring unforeseen results, this
experimental application would be
replicated for 3 years (through the 2021–
22 season), after which a full evaluation
would be completed.

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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Proposed Rules

We propose to approve the above
GLIFWC regulations for the 2021–22
hunting season.

khammond on DSKJM1Z7X2PROD with PROPOSALS

(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 2021–22
waterfowl and Canada goose season
beginning October 2, 2021, and a closing
date of November 30, 2021. 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 2021–22 waterfowl harvest
would be around 200 ducks and 20
geese.
We propose to approve the Tribe’s
requested 2021–22 hunting seasons.
(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.
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

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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 proposes Tribal
and nontribal member waterfowl
seasons. The Tribe requests that both
duck and goose seasons open at the
earliest possible date and close on the
latest date under Federal frameworks.
For nontribal hunters on tribally
managed lands, the Tribe requests the
seasons open at the earliest possible
date and remain open, for the maximum
amount of open days. The Tribe
requests a season for ducks run
September 18–19 and September 25–26,
2021, and from October 1, 2021, to
January 8, 2022. In that period,
nontribal hunters would be allowed to
hunt approximately 107 days. Hunters
should obtain further information on
specific hunt days from the Kalispel
Tribe.
For nontribal hunters on tribally
managed lands, the Tribe also requests
a season for geese run September 18–19
and September 25–26, 2021, and from
October 1, 2021, to January 8, 2022.
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
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 (Duck
Stamp), would be required.
For Tribal members on Kalispel-ceded
lands, the Kalispel Tribe proposes
season dates for ducks of October 3,
2021, through January 31, 2022, and for
geese of September 15, 2021, through
January 31, 2022. 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
Duck Stamp and a Tribal ceded lands
permit.
We propose to approve the Kalispel
Tribe regulations.

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(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 2021–22 seasons, the Tribe
requests proposed season dates of
October 5, 2021, through January 31,
2022. Daily bag limits would be 9 for
ducks, 9 for geese, and 9 for coot, with
possession limits twice the daily bag
limit. Shooting hours would be one-half
hour before sunrise to one-half hour
after sunset. Steel shot is required.
Based on the number of birds
produced in the Klamath Basin, this
year’s harvest would be similar to last
year’s. Information on Tribal harvest
suggests that more than 70 percent of
the annual goose harvest is local birds
produced in the Klamath Basin.
We propose to approve those 2021–22
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 2021–22 season, we have yet
to hear from the Leech Lake Tribe. The
Tribe usually requests a duck season
starting on September 12 and ending
December 31, 2021 and a goose season
to run from September 12 through
December 31, 2021. 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
one-half hour before sunrise to one-half
hour after sunset.

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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Proposed Rules
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 2021–
22 special migratory bird hunting
season, upon receipt of their proposal.

khammond on DSKJM1Z7X2PROD with PROPOSALS

(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,
2021, through January 31, 2022. A daily
bag limit of 12 ducks would include no
more than 2 pintail, 4 canvasback, 4
black ducks, 6 wood ducks, 4 redheads,
8 mallards (only 4 of which may be a
hen), 10 common and red-breasted
merganser, and 2 hooded merganser.
Possession limits would be three times
the daily bag limit.
For coots and gallinules, the Tribe
proposes a September 14, 2021, through
January 31, 2022, season. Daily bag
limits would be 30.
For geese, the Tribe proposes a
September 1, 2021, through February
15, 2022, season. Daily bag limits would
be 10 geese.
For snipe, woodcock, and rails, the
Tribe proposes a September 1 to
December 31, 2021, season. The daily
bag limit would be 25 common snipe, 5
woodcock, and 25 rails. Possession
limits for all species would be three
times the daily bag limit.
For mourning dove, the Tribe
proposes a September 1 through March
1, 2022, season with a daily bag limit of
25. The possession limit would be three
times the daily bag limit.
For sandhill crane, the Tribe proposes
a September 1 through December 31,
2021, season with a daily bag limit of
two. The possession limit would be
three times the daily bag limit.
The Tribe monitors harvest through
mail surveys. General conditions are as
follows:
A. All Tribal members will be
required to obtain a valid Tribal

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resource card and 2021–22 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’ 2021–22 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
signatory Tribes on ceded lands in
Michigan since the 1986–87 hunting
season.
For the 2021–22 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,
2021, through January 31, 2022. 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, 2021, through February
8, 2022, 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.

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For woodcock, the LTBB proposes a
September 1 to December 1, 2021,
season. The daily bag limit will not
exceed 10 birds. For snipe, the LTBB
proposes a September 1 to December 31,
2021, season. The daily bag limit will
not exceed 15 birds. For mourning
doves, the LTBB proposes a September
1 to November 14, 2021, season. The
daily bag limit will not exceed 15 birds.
For Virginia and sora rails, the LTBB
proposes a September 1 to December 31,
2021, 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, 2021,
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, 2021. 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, except the Tribe proposes the use
of electronic calls for all species
proposed. The Tribe has agreed to a oneyear experimental MOA with the
Service regarding the use of electronic
calling.
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
cranes to assess any impacts of Tribal
hunting on the population.
We propose to approve the Little
Traverse Bay Bands of Odawa Indians’
requested 2021–22 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

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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Proposed Rules

and wildlife on reservation lands,
including deeded and U.S. Army Corps
of Engineers-taken lands. For the 2021–
22 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 2021–22 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 2, 2021, through
January 6, 2022. 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 2–17, 2021. 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 23, 2021, through
February 6, 2022 (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 23,
2021, through January 18, 2022, with
daily bag and possession limits
concurrent with Federal regulations.
The Tribe’s proposed nontribal-member
light goose season would run from
October 23, 2021, through February 6,
2022. 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
nontribal members from September 1
through November 29, 2021. 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,
2021, through March 10, 2022. 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.

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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, 2021, through March
10, 2022, with a daily bag limit of six
Canada geese. The Tribe’s proposed
white-fronted goose Tribal season
would run from September 1, 2021,
through March 10, 2022, 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, 2021, through March
10, 2022. 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,
2021, through January 31, 2022. The
dove daily bag limit would be 15.
In the 2019 season, nontribal
members harvested 167 geese and 424
ducks. Estimated duck harvest was 26
percent lower than the average harvest
from 1993 2018. Goose harvest was 61
percent lower than the 1993 2018
average. Tribal members harvested
approximately 40 ducks and 80 geese in
2019.
The Tribe anticipates a duck and
goose harvest similar to those of the
previous years. All basic Federal
regulations contained in 50 CFR part 20,
including the use of nontoxic shot, Duck
Stamps, etc., would 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 2021–22 season.
The Tribe has a reservation on the
Olympic Peninsula in Washington State

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and is a successor to the signatories of
the Treaty of Point No Point of 1855.
For the 2021–22 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 would 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
would be one per season. The coot daily
bag limit will be 25. The possession
limit would 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 would be four,
including no more than three light
geese. The season on Aleutian Canada
geese would 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 would be twice the daily bag limit.
All Tribal hunters authorized to hunt
migratory birds are required to obtain a
Tribal hunting permit from the Lower
Elwha Klallam Tribe pursuant to Tribal
law. Hunting hours would be from onehalf hour before sunrise to sunset. Only
steel, tungsten-iron, tungsten-polymer,
tungsten-matrix, and tin shot are
allowed for hunting waterfowl. It is
unlawful to use or possess lead shot
while hunting waterfowl.
The Tribe typically anticipates
harvest to be fewer than 10 birds. Tribal
reservation police and Tribal fisheries
enforcement officers have the authority
to enforce these migratory bird hunting
regulations.
The Service proposes to approve the
special migratory bird hunting
regulations for the Lower Elwha Klallam
Tribe, upon receipt of their proposal.
(m) Lummi Nation Tribal Community,
Bellingham, Washington (Tribal
Members Only)
In 2019, 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

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khammond on DSKJM1Z7X2PROD with PROPOSALS

established by the Treaty of Point Elliott
of January 22, 1855.
For the 2021–22 season, we have yet
to hear from the Lummi Nation Tribe.
The Tribe usually proposes their duck
(including mergansers and coot) and
goose seasons run from September 1 to
March 9. 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
to March 9. The daily bag limit is five.
The Tribe usually proposes the snipe
season run from September 1 to March
9. The daily bag limit for snipe is 15.
The Tribe proposes the mourning dove
season run from September 1 to March
9. The daily bag limit for mourning dove
is 15. The Tribe usually proposes the
band-tailed pigeon season run from
September 1 to March 9. The daily bag
limit for band-tailed 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.
We propose to approve these 2021–22
special migratory bird hunting
regulations, upon receipt of their
proposal.
(n) Makah Indian Tribe, Neah Bay,
Washington (Tribal Members Only)
The Makah Indian Tribe and the
Service have been cooperating to
establish special regulations for
migratory game birds on the Makah
Reservation and traditional hunting
land off the Makah Reservation since
the 2001–02 hunting season. Lands off
the Makah Reservation are those
contained within the boundaries of the
State of Washington Game Management
Units 601–603.
The Makah Indian Tribe proposes a
duck and coot hunting season from
September 25, 2021, to January 31,
2022. 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 25, 2021, and
close January 31, 2022. The daily bag

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limit for geese is four and two brant.
The Tribe notes that there is a yearround closure on dusky Canada geese.
For band-tailed pigeons, the Tribe
proposes that the season open
September 1 and close December 31,
2021. 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
2021–22 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.
(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 2021–
22 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, merganser, and coot
hunting season from September 1, 2021,
to March 10, 2022. The daily bag limit
is seven, including no more than two
hen mallard, two canvasback, two
pintail, three scaup, two redhead, two

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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, 2021, and
close March 10, 2022. 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, 2021, and
close March 10, 2022. 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
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 2021–22
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

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Mexico, and Utah). The Navajo Nation
owns almost all lands on the reservation
and has full wildlife management
authority.
For the 2021–22 season, the Tribe
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
proposes seasons of September 1–30,
2021, 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 Duck Stamp, which must be
signed in ink across the face. Special
regulations established by the Navajo
Nation also apply on the reservation.
The Tribe anticipates a total harvest of
fewer than 500 mourning doves; fewer
than 10 band-tailed pigeons; fewer than
1,000 ducks, coots, and mergansers; and
fewer than 1,000 Canada geese for the
2021–22 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 2021–22 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 2021–22 season, the Tribe
submitted a proposal requesting special
migratory bird hunting regulations. For
ducks, the Tribe’s proposal describes

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the general outside dates as being
September 11 through December 5,
2021. The Tribe proposes a daily bag
limit of six birds, which could include
no more than three hen mallards, six
wood ducks, two redhead, two pintails,
and two hooded merganser.
For geese, the Tribe requests a season
between September 1 and December 31,
2021, 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 7, 2021, 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 7, 2021, 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
regulations, including shooting hours of
one-half hour before sunrise to sunset,
season dates, and daily bag limits.
Tribal members and nontribal hunters
hunting on the Reservation or on lands
under the jurisdiction of the Tribe must
observe all basic Federal migratory bird
hunting regulations found in 50 CFR
part 20, with the following exceptions:
Oneida members would be exempt from
the purchase of the Duck Stamp; and
shotgun capacity is not limited to three
shells.
The Service proposes to approve the
2021–22 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.

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For the Jamestown S’Klallam and the
Port Gamble S’Klallam Tribes, the
Council proposes duck, merganser, and
coot seasons from September 1, 2021,
through March 10, 2022. The daily bag
limit would be seven ducks and
mergansers. The daily bag limit and
possession limit on harlequin ducks
would be one per season. The daily bag
limit for coots would be seven. The
daily possession limits are three times
the daily bag limits.
For geese, the Point No Point Treaty
Council proposes the season open on
September 1, 2021, and close March 10,
2022, for the Jamestown S’Klallam Tribe
and Port Gamble S’Klallam Tribes. The
daily bag limits for Canada geese, light
geese, and white-fronted geese would be
5, 6, and 10, respectively. The Council
notes that there is a year-round closure
on dusky Canada geese. For brant, the
Council proposes the season open on
January 1 and close January 31, 2022,
for the Port Gamble S’Klallam Tribe,
and open on January 15 and close
January 31, 2022, for the Jamestown
S’Klallam Tribe. The daily bag limit for
brant would be two.
For band-tailed pigeons, the Port
Gamble S’Klallam and Jamestown
S’Klallam Tribes seasons would open
September 15 and close November 30,
2021. The daily bag limit for band-tailed
pigeons would be two. For snipe, the
Port Gamble S’Klallam Tribe and
Jamestown S’Klallam Tribes seasons
would open September 1, 2021, and
close March 10, 2022. The daily bag
limit for snipe would be eight. For
mourning dove, the Port Gamble
S’Klallam Tribe and the Jamestown
S’Klallam Tribe would open September
1, 2021, and close March 10, 2022. The
daily bag limit for mourning dove
would be 10.
The Tribe anticipates a total harvest of
fewer than 100 birds for the 2021–22
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 2021–22
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, 2021, through January
31, 2022. The Tribe proposes a daily bag
limit of 20 ducks, which could include

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no more than 5 each of the following:
hen mallards, wood duck, black duck,
pintail, redhead, 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, 2021, to January 31,
2022. The daily bag limit for geese is 20,
in the aggregate. The daily bag limit for
coot, gallinule, sora, and Virginia rail is
20 in the aggregate.
For woodcock and mourning dove,
the Tribe proposes a season between
September 1, 2021, and January 31,
2022, with daily bag limits of 10 and 25,
respectively.
For sandhill crane, the Tribe proposes
a season between September 1, 2021,
and January 31, 2022, 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 2021–22 special migratory
bird hunting regulations for the Saginaw
Tribe of Chippewa Indians.
(t) Sauk-Suiattle Indian Tribe,
Darrington, Washington (Tribal
Members Only)
The Sauk-Suiattle Indian Tribe (SSIT)
requests a 2021–22 hunting season on
all open and unclaimed lands under the
Treaty of Point Elliott of January 22,
1855. The Tribe’s reservation is located
in Darrington, Washington, just west of
the North Cascade Mountain range in
Skagit County on the Sauk and Suiattle
Rivers. The Tribe owns and manages all
the land on the reservation and some
lands surrounding or near the
reservation in Skagit and Snohomish
Counties. All of the lands that are Tribal
or reservation lands are closed for
nontribal hunting, unless opened by an
SSIT special regulation.
The Tribe proposes special migratory
bird hunting regulations for ducks,
geese, brant, coot, mourning dove, and
band-tailed pigeon with outside dates of
September 1, 2021, through March 10,
2022. The Tribe proposes a daily bag
limit of 20 ducks, 20 geese, 5 brant, and
25 coot. The bag limit of 10 mourning
dove and band-tailed pigeon is
proposed.
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

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only nontoxic shot for hunting
waterfowl.
The Service proposes to approve the
request for 2021–22 special migratory
bird hunting regulations for the SaukSuiattle Indian Tribe.
(u) Sault Ste. Marie Tribe of Chippewa
Indians, Sault Ste. Marie, Michigan
(Tribal Members Only)
The Sault Ste. Marie Tribe of
Chippewa Indians is a federally
recognized, self-governing Indian Tribe,
distributed throughout the eastern
Upper Peninsula and northern Lower
Peninsula of Michigan. The Tribe has
retained the right to hunt, fish, trap, and
gather on the lands ceded in the Treaty
of Washington (1836).
The Tribe proposes special migratory
bird hunting regulations. For ducks,
mergansers, and common snipe, the
Tribe proposes outside dates as
September 1 through December 31,
2021. 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, 2021. 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, 2021, 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, 2021, with a daily
bag and possession limit of 10 and 20,
respectively.
In 2019, the total estimated waterfowl
hunters were 4,149, who harvested
approximately 1,738 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 2021–22 special migratory
bird hunting regulations for the Sault
Ste. Marie Tribe of Chippewa Indians.

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(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
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 2021–22 hunting season,
provided the duck and goose hunting
season dates are the same as on the
reservation.
In a proposal for the 2021–22 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 2, 2021, and a
closing date of January 18, 2022. 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 2, 2021, and
a closing date of January 18, 2022. 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 2, 2021, and a
closing date of January 18, 2022.
Nontribal hunters must comply with
all basic Federal migratory bird hunting

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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
2021–22 hunting season if the seasons’
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.
For the 2021–22 season, we have yet
to hear from the Skokomish Tribe. The
Skokomish Tribe usually requests a
duck and coot season from September
16 to February 28. The daily bag limit
is seven ducks, including no more than
two hen mallards, one pintail, one
canvasback, and two redheads. The
daily bag and possession limit on
harlequin duck is one per season. The
coot daily bag limit is 25. The
possession limit is twice the daily bag
limit, except as noted above.
For geese, the Tribe usually requests
a season from September 16 to February
28. The daily bag limit is four, including
no more than three light geese. The
season on Aleutian Canada geese is
closed. For brant, the Tribe usually
proposes a season from November 1 to
February 15, with a daily bag limit of
two. The possession limit is twice the
daily bag limit.
For mourning doves, band-tailed
pigeon, and snipe, the Tribe usually
requests a season from September 16 to
February 28, 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

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Public Safety Office enforcement
officers have the authority to enforce
these migratory bird hunting
regulations.
We propose to approve the
Skokomish Tribe’s 2021–22 migratory
bird hunting season, upon receipt of
their proposal.
(x) Spokane Tribe of Indians, Spokane
Indian Reservation, Wellpinit,
Washington (Tribal Members Only)
The Spokane Tribe of Indians wishes
to establish waterfowl seasons on their
reservation for its membership to access
as an additional resource. An
established waterfowl season on the
reservation will allow access to a
resource for members to continue
practicing a subsistence lifestyle.
The Spokane Indian Reservation is
located in northeastern Washington
State. The reservation comprises
approximately 157,000 acres. The
boundaries of the Reservation are the
Columbia River to the west, the Spokane
River to the south (now Lake Roosevelt),
Tshimikn Creek to the east, and the 48th
Parallel as the north boundary. Tribal
membership comprises approximately
2,300 enrolled Spokane Tribal Members.
These proposed regulations would
allow Tribal Members, spouses of
Spokane Tribal Members, and firstgeneration descendants of a Spokane
Tribal Member with a Tribal permit and
Federal Duck Stamp an opportunity to
utilize the reservation and ceded lands
for waterfowl hunting. These
regulations would also benefit Tribal
membership through access to this
resource throughout Spokane Tribal
ceded lands in eastern Washington. By
Spokane Tribal Referendum, spouses of
Spokane Tribal Members and children
of Spokane Tribal Members not enrolled
are allowed to harvest game animals
within the Spokane Indian Reservation
with the issuance of hunting permits.
The Tribe requests to establish duck
seasons that would run from September
2, 2021, through January 31, 2022. 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, 2021, and ending
on January 31, 2022. 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 2021–22 season for both ducks and
geese to be fewer than 100 total birds,
with goose harvest at fewer than 50.

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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 2021–22 special
migratory bird hunting regulations.
(y) Squaxin Island Tribe, Squaxin Island
Reservation, Shelton, Washington
(Tribal Members Only)
The Squaxin Island Tribe of
Washington and the Service have
cooperated since 1995 to establish
special Tribal migratory bird hunting
regulations. These special regulations
apply to Tribal members on the Squaxin
Island Reservation, located in western
Washington near Olympia, and all lands
within the traditional hunting grounds
of the Squaxin Island Tribe.
For the 2021–22 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
2021–22 special migratory bird hunting
regulations, upon receipt of their
proposal.
(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 2021–22 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

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around Camano Island, Skagit Flats, and
Port Susan to the border of the Tulalip
Tribes Reservation. Ceded lands are
located in Whatcom, Skagit, Snohomish,
and Kings Counties, and a portion of
Pierce County, Washington. The
Stillaguamish Tribe of Indians is a
federally recognized Tribe and reserves
the Treaty Right to hunt (U.S. v.
Washington).
The Tribe proposes their duck
(including mergansers) and goose
seasons run from October 1, 2021, to
March 10, 2022. The daily bag limit on
ducks (including sea ducks and
mergansers) is 10 including no more
than 7 mallards (3 of which may be
hens), 3 pintail, 3 redhead, 3 scaup, 4
hooded merganser, and 3 canvasback.
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 twice the
daily bag limits.
The Tribe proposes the coot season
run from October 1, 2021, to January 31,
2022. The daily bag limit for coot is 25.
The Tribe proposes the snipe season run
from October 1, 2021, to January 31,
2022. 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, 2021, to
January 31, 2022. 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 2021–
22 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

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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 2021–22 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,
2021, to March 9, 2022. 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, 2021, to March 9,
2022. The daily bag limit is five.
The Tribe proposes the snipe season
run from September 1, 2021, to March
9, 2022. The daily bag limit for snipe is
15. The Tribe proposes the mourning
dove season run from September 1,
2021, to March 9, 2022. The daily bag
limit for mourning dove is 15. The Tribe
proposes the band-tailed pigeon season
run from September 1, 2021, to March
9, 2022. 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. Shooting hours would
be 30 minutes before official sunrise
until 30 minutes after official sunset.
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 2021–22
special migratory bird hunting
regulations.
(bb) 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.

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For ducks, mergansers, coot, and
snipe, the Tribe proposes seasons for
Tribal members from September 1,
2021, through February 28, 2022. Daily
bag and possession limits would be 15
and 30 ducks, respectively, except that
for blue-winged teal, canvasback,
harlequin, pintail, and wood duck, the
bag and possession limits would be the
same as those established in accordance
with final Federal frameworks. For coot,
daily bag and possession limits are 25
and 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, 2021, through
February 28, 2022. 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 are 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 Duck Stamp and a valid
State of Washington Migratory
Waterfowl Stamp. Each hunter must
validate stamps by signing across the
face.
Although the season length requested
by the Tulalip Tribes appears to be quite
liberal, harvest information indicates a
total take by Tribal and nontribal
hunters of fewer than 1,000 ducks and
500 geese annually.
We propose to approve the Tulalip
Tribe’s request for 2021–22 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.

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For the 2021–22 season, the Tribe
requests a duck season starting October
1, 2021, and ending February 28, 2022.
The Tribe proposes a daily bag limit of
15 with a possession limit of 20. The
Tribe requests a coot season starting
October 1, 2021, and ending February
15, 2022. The coot daily bag limit is 20
with a possession limit of 30.
The Tribe proposes a goose season
from October 1, 2021, to February 28,
2022, with a daily bag limit of 7 geese
and a possession limit of 10. For brant,
the Tribe proposes a season from
November 1 to 10, 2021, with a daily
bag and possession limit of two.
The Tribe proposes a mourning dove
season between September 1 and
December 31, 2021, 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
2021–22 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.
Wampanoag Tribe of Gay Head
proposes a duck season of October 8,
2021, through February 16, 2022. The
Tribe 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
closed. The Tribe proposes a teal (greenwinged and blue) season of October 8,
2021, through February 16, 2022. A
daily bag limit of 10 teal would be in
addition to the daily bag limit for ducks.
For sea ducks, the Tribe proposes a
season between October 1, 2021, and

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February 16, 2022, 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 requests
a season between September 3 and 15,
2021, and between October 22, 2021,
and February 16, 2022, with a daily bag
limit of eight Canada geese. For snow
geese, the Tribe requests a season
between September 3 and 13, 2021, and
between November 19, 2021, and
February 16, 2022, with a daily bag limit
of 15 snow geese.
For woodcock, the Tribe proposes a
season between October 8 and
November 24, 2021, with a daily bag
limit of three. For sora and Virginia
rails, the Tribe requests a season of
September 3 through November 3, 2021,
with a daily bag limit of 5 sora and 10
Virginia rails. For snipe, the Tribe
requests a season of September 3
through December 8, 2021, with a daily
bag limit of eight.
Prior to 2012, the Tribe had 22
registered Tribal hunters and estimates
annual 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
2021–22 special migratory bird hunting
regulations.
(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 11 and end December 12,
2021. 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
11 and end December 13, 2021. 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 24, 2021, and a
late season from September 25 through
December 12, 2021. The early season

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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,
2021, season with daily bag limits of 20
coots. For snipe, woodcock, rail, and
mourning dove, the Tribe proposes a
September 1 through November 30,
2021, season with daily bag limits of 10,
10, 25, and 25, respectively. Shooting
hours are one-half hour before sunrise to
one-half hour after sunset. Nontoxic
shot is required.
Based on past harvest surveys, the
Tribe anticipates harvest of 1,000 to
2,000 Canada geese and 1,000 to 1,500
ducks. The White Earth Reservation
Tribal Council employs four full-time
conservation officers to enforce
migratory bird regulations.
We propose to approve the Tribe’s
2021–22 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 2021–22 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 2021–22
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 16, 2021, and a closing date of
January 23, 2022. For scaup, the Tribe
proposes a season opening November 6,
2021, and a closing date of January 23,
2022. The Tribe proposes a daily duck
(including mergansers) bag limit of
seven, which may include no more than
two redheads, one pintail, two scaup
(when open), seven mallards (including
no more than two hen mallards), and
two canvasback. The daily bag limit for

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coots, gallinules, and moorhens would
be 25, singly or in the aggregate.
For geese, the Tribe proposes a season
from October 16, 2021, through January
23, 2022. 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,
2021, in Wildlife Management Unit 10
and all areas south of Y–70 and Y–10 in
Wildlife Management Unit 7, only.
Proposed daily bag limits for bandtailed pigeons and mourning doves
would be 3 and 10, respectively.
Possession limits for the above
species are twice the daily bag limits.
Shooting hours would be from one-half
hour before sunrise to sunset. There
would be no open season for sandhill
cranes, rails, and snipe on the White
Mountain Apache lands under this
proposal.
A number of special regulations apply
to Tribal and nontribal hunters, which
may be obtained from the White
Mountain Apache Tribe Game and Fish
Department.
We plan to approve the White
Mountain Apache Tribe’s requested
2021–22 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 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

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withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on http://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Division of Migratory Bird
Management, 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
We will consider, but possibly may
not respond in detail to, each comment.
As in the past, we will summarize all
comments we receive during the
comment period and respond to them
after the closing date in the preamble of
a final rule.
Required Determinations
Based on our most current data, we
are affirming our required
determinations made in the October 9,
2020, proposed rule (85 FR 64097);
please see that document for
descriptions of our actions to ensure
compliance with the following statutes
and Executive Orders:
• 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, and 13563.
Paperwork Reduction Act
This proposed rule contains existing
and new information collections. The
new information collection
requirements (identified below under
‘‘Reports’’ and labeled as ‘‘(NEW)’’)
require OMB approval. 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 2/29/2024).

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23655

• 1018–0023, ‘‘Migratory Bird
Surveys, 50 CFR 20.20’’ (expires 4/30/
2023).
• 1018–0171, ‘‘Establishment of
Annual Migratory Bird Hunting
Seasons, 50 CFR part 20’’ (expires 2/29/
2024).
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 revise OMB
control number 1018–0171. This helps
us assess the impact of our 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. The new annual
reporting requirements identified below
as ‘‘NEW’’ require OMB approval.
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,

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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:
(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:

khammond on DSKJM1Z7X2PROD with PROPOSALS

Atlantic Flyway Council:
• Delaware—Experimental tundra swan
season (yearly updates and final
report)
Mississippi Flyway Council:
• Alabama—Experimental sandhill
crane season (yearly updates and final
report)
• Minnesota—Experimental teal-only
season (yearly updates and final
report) (NEW)
Central Flyway Council:
• New Mexico—Experimental sandhill
crane season in Estancia Valley
(yearly updates and final report). Now
operational—Annual data are still
required, but there is not a final
report, since this monitoring will
occur in perpetuity (or as long as the
State has that hunt area).
• South Dakota and Nebraska—
Experimental two-tier hunting

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regulations study (yearly updates and
final report) (NEW)
• 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)
• Idaho—Experimental swan season
(yearly updates and final report)
(NEW)
(B) Additional State-specific Annual
Reports:
• Arizona—Sandhill crane subspecies
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 harvestmonitoring 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: Revision of a
currently approved collection.
Description of Respondents: State and
Tribal governments.

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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: 98 (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: 9,378.
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
(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 (JAO/3W), 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 2021–22 hunting

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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Proposed Rules
season are authorized under 16 U.S.C.
703–712 and 16 U.S.C. 742 a–j.
Shannon A. Estenoz,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks, Exercising the
Delegated Authority of the Assistant Secretary
for Fish and Wildlife and Parks.
[FR Doc. 2021–09057 Filed 5–3–21; 8:45 am]
BILLING CODE 4333–15–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 224
[Docket No. 210427–0091;RTID 0648–
XR115]

Background

Endangered and Threatened Species;
Removal of Siderastrea glynni From
the Federal List of Threatened and
Endangered Species
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:

We, NMFS, are issuing a
proposed rule to remove a coral,
Siderastrea glynni, from the Federal List
of Threatened and Endangered Species
as recommended in the recent 5-year
review of the species under the
Endangered Species Act (ESA). We
propose this action based on recently
obtained genetic and morphological
information that demonstrates that S.
glynni does not meet the statutory
definition of a species, and therefore
does not qualify for listing under the
ESA.
DATES: Information and comments on
the subject action must be received by
July 6, 2021.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2020–0165, by the following
method:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2020–0165 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: You must submit
comments by the above method to
ensure that we receive, document, and
consider them. Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be

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SUMMARY:

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considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT:
Adrienne Lohe, NMFS Office of
Protected Resources, Adrienne.Lohe@
noaa.gov, (301) 427–8442.
SUPPLEMENTARY INFORMATION:
On July 15, 2013, WildEarth
Guardians petitioned us to list 81
marine species, including Siderastrea
glynni, as threatened or endangered
under the ESA and to designate critical
habitat. On October 25, 2013, we found
that the petition presented substantial
scientific information indicating that
listing three species of foreign corals,
including S. glynni, may be warranted,
and initiated a Status Review (78 FR
63941).
The Status Review (Meadows 2014)
used the best available scientific and
commercial data to consider the status
of and extinction risk to each of the
three species. The Status Review noted
genetic similarities between S. glynni
(occurring in the eastern Pacific) and the
Caribbean coral species Siderastrea
siderea but ultimately concluded that S.
glynni was a valid and unique species
until more precise genetic studies could
resolve the uncertainty about its status.
Based on the lack of known populations
in the wild, a small captive population
in a single location, low growth rate and
genetic diversity, and potential
increased threats from El Nin˜o, climate
change, disease and other development
and habitat degradation should it be
reintroduced to Panama, extinction risk
for this species was assessed to be high.
Informed by the Status Review and our
interpretation of the best available
scientific and commercial data, NMFS
published a final rule to list the species
as endangered under the ESA on
October 7, 2015, and the listing became
effective on November 6, 2015 (80 FR
60560).
On April 7, 2020, we announced a 5year review (85 FR 19456) for three
foreign coral species including S.
glynni. The 5-year review was
completed on September 16, 2020
(NMFS 2020), and is available at:
https://www.fisheries.noaa.gov/

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resource/document/3-foreign-corals-5year-review. To complete the review, we
collected, evaluated, and incorporated
all information on the species that had
become available since October 2015,
the date of the final listing rule,
including newly obtained genetic and
morphological information relating to
its taxonomy. This newly obtained
information and the 5-year review
inform the conclusions in this proposed
rule.
New Information Regarding Species
Taxonomy
The discovery of S. glynni occurred in
1992 at Uraba´ Island, Panama Gulf,
where five live colonies of Siderastrea
sp. were found, one of which was
collected and designated as the holotype
for the new species (Budd and Guzma´n
1994). The remaining four colonies of S.
glynni were subsequently transplanted
to aquaria at the Smithsonian Tropical
Research Institute on Naos Island,
Panama, and despite extensive search
efforts, no other colonies have been
found in the area (Glynn et al. 2016).
The presence of the species in the
eastern Pacific was noteworthy because
the other extant Siderastrea species
were only known to occur in the
western Pacific and the tropical Atlantic
(Glynn et al. 2016). Additionally, no
fossil evidence exists for Siderastrea
occurring in the eastern Pacific over the
last 5 million years (LaJeunesse et al.
2016).
As reported in the Status Review, a
study by Forsman et al. (2005) found
Siderastrea glynni to be genetically very
similar to the Caribbean coral species
Siderastrea siderea. The study provided
two possible explanations for these
results: (1) That S. siderea and S. glynni
are the same species and that S. glynni
may have recently passed through or
been carried across the Panama Canal to
the Pacific Ocean side, or (2) that S.
glynni evolved from S. siderea, likely
about 2 to 2.3 million years ago during
a period of high sea level when the
Isthmus of Panama may have been
breached, allowing inter-basin transfer
of species’ ancestors. The Status Review
concluded that S. glynni was a valid and
unique species until more precise
genetic studies could resolve the
uncertainty about its taxonomy.
The 5-year review synthesizes
significant new information regarding
the taxonomic classification of S. glynni
that has become available since the
species was listed as endangered.
LaJeunesse et al. (2016) found S. glynni
to host endosymbionts Symbiodinium
trenchii and Sy. goreaui, both of which
occur in S. siderea in the Atlantic.
(Based on recent taxonomic revisions to

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