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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations
of temperature and for the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory game birds, to determine when, to what extent, and by what means such birds or any part, nest, or egg thereof may be taken, hunted, captured, killed, possessed, sold, purchased, shipped, carried, exported, or transported.
In the May 4, 2021, Federal Register 86 FR 23641, we proposed special migratory bird hunting regulations for the 202122 hunting season for certain Indian Tribes, under the guidelines described in the June 4, 1985, Federal Register 50 FR 23467. The guidelines respond to Tribal requests for Service recognition of their reserved hunting rights, and for some Tribes, recognition of their authority to regulate hunting by both Tribal members and nonmembers on their reservations. The guidelines include possibilities for:
1 On-reservation hunting by both Tribal members and nonmembers, with hunting by nontribal members on some reservations to take place within Federal frameworks but on dates different from those selected by the surrounding States;
2 On-reservation hunting by Tribal members only, outside of 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
September 1 closed season mandated by the 1916 Migratory Bird Treaty with Canada.
In the October 9, 2020, Federal Register 85 FR 64097, we requested that Tribes desiring special hunting regulations in the 202122 hunting season submit a proposal including details on:
1 Harvest anticipated under the requested regulations;
2 Methods that would be employed to measure or monitor harvest such as bag checks, mail questionnaires, etc.;
3 Steps that would be taken to limit level of harvest, where it could be shown that failure to limit such harvest would adversely impact the migratory bird resource; and 4 Tribal capabilities to establish and enforce migratory bird hunting regulations.
No action is required if a Tribe wishes to observe the hunting regulations established by the States in which an
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Indian reservation is located. We have successfully used the guidelines since the 198586 hunting season. We finalized the guidelines beginning with the 198889 hunting season 53 FR
31612, August 18, 1988.
The final rule described here is the final in the series of proposed and final rulemaking documents for migratory bird hunting regulations on certain Federal Indian reservations and ceded lands for the 202122 season. This rule sets hunting seasons, hours, areas, and limits for migratory game bird species on reservations and ceded territories.
This final rule is the culmination of the rulemaking process for the Tribal migratory game bird hunting seasons, which started with the October 9, 2020, proposed rule. This final rule sets the migratory bird hunting regulations on certain Federal Indian reservations and ceded lands for the 202122 season.
Population Status and Harvest Each year we publish reports that provide detailed information on the status and harvest of certain migratory game bird species. These reports are available at the address indicated under FOR FURTHER INFORMATION CONTACT or from our website at https
www.fws.gov/birds/surveys-and-data/
reports-and-publications/populationstatus.php.
We used the following annual reports published in August 2020 in the development of proposed frameworks for the migratory bird hunting regulations: Adaptive Harvest Management, 2021 Hunting Season;
American Woodcock Population Status, 2020; Band-tailed Pigeon Population Status, 2020; Migratory Bird Hunting Activity and Harvest During the 2018
19 and 201920 Hunting Seasons;
Mourning Dove Population Status, 2020;
Status and Harvests of Sandhill Cranes, Mid-continent, Rocky Mountain, Lower Colorado River Valley and Eastern Populations, 2020; and Waterfowl Population Status, 2020.
Our long-term objectives continue to include providing opportunities to harvest portions of certain migratory game bird populations and to limit harvests to levels compatible with each populations ability to maintain healthy, viable numbers. Having taken into account the zones of temperature and the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory birds, we conclude that the hunting seasons provided for herein are compatible with the current status of migratory bird populations and long-term population goals. Additionally, we are obligated to, and do, give serious consideration to all
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information received during the public comment period.
Comments and Issues Concerning Tribal Proposals For the 202122 migratory bird hunting season, we proposed regulations for 32 Tribes or Indian groups that followed the 1985
guidelines and were considered appropriate for final rulemaking.
However, at that time, we noted in the May 4, 2021, proposed rule 86 FR
23641 that we were proposing seasons for five Tribes who submitted proposals in past years but from whom we had not yet received proposals this year. We did not receive proposals from any of those Tribes for the 202122 migratory bird hunting season and, therefore, have not included regulations for those Tribes in this final rule.
The comment period for the May 4, 2021, proposed rule closed on June 3, 2021. We received seven comments on our proposed rule. Four commenters supported the proposed rule, whereas three commenters were against any hunting of migratory birds. Two of the commenters in support of the proposed rule appreciated the acknowledgment of Tribal rights to co-manage the migratory bird resource. The Service appreciates the opportunity to establish special migratory bird hunting regulations in recognition of the Tribes reserved hunting rights, and for some Tribes, recognition of their authority to regulate hunting by both Tribal members and nonmembers on their reservations. For the three commenters that were against any hunting of migratory birds, we addressed this comment in our Final 202122 Frameworks for Migratory Bird Hunting Regulations, and Special Procedures for Issuance of Annual Hunting Regulations.
Required Determinations National Environmental Policy Act NEPA Consideration The programmatic document, Second Final Supplemental Environmental Impact Statement:
Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds EIS 20130139, filed with the Environmental Protection Agency EPA on May 24, 2013, addresses NEPA compliance by the Service for issuance of the annual framework regulations for hunting of migratory game bird species. We published a notice of availability in the Federal Register on May 31, 2013 78
FR 32686, and our Record of Decision on July 26, 2013 78 FR 45376. We also address NEPA compliance for waterfowl
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